{"id":"F2015L00835","name":"Norfolk Island Continued Laws Ordinance 2015","slug":"norfolk-island-continued-laws-ordinance-2015","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":128627,"registerId":"commonwealth-F2015L00835-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"62B","sectionType":"section","heading":"Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))","content":"62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\n","sortOrder":0},{"sectionNumber":"Div 9","sectionType":"division","heading":"Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017","content":"Division 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\n","sortOrder":1},{"sectionNumber":"Part 1","sectionType":"part","heading":"commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.","content":"Part 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\n","sortOrder":2},{"sectionNumber":"Div 10","sectionType":"division","heading":"Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017","content":"Division 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\n","sortOrder":3},{"sectionNumber":"Div 11","sectionType":"division","heading":"Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017","content":"Division 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\n","sortOrder":4},{"sectionNumber":"Div 12","sectionType":"division","heading":"Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017","content":"Division 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\n","sortOrder":5},{"sectionNumber":"Div 13","sectionType":"division","heading":"Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017","content":"Division 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\n","sortOrder":6},{"sectionNumber":"Div 15","sectionType":"division","heading":"Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018","content":"Division 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\n","sortOrder":7},{"sectionNumber":"Div 16","sectionType":"division","heading":"Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018","content":"Division 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n","sortOrder":8},{"sectionNumber":"389","sectionType":"section","heading":"Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)","content":"389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\n","sortOrder":9},{"sectionNumber":"Div 17","sectionType":"division","heading":"Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019","content":"Division 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\n","sortOrder":10},{"sectionNumber":"Div 20","sectionType":"division","heading":"Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020","content":"Division 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\n","sortOrder":11},{"sectionNumber":"Div 22","sectionType":"division","heading":"Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021","content":"Division 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\n","sortOrder":12},{"sectionNumber":"Div 1","sectionType":"division","heading":"of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):","content":"Division 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## Division 1 General\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 14 Content of rules—subsection 38(3)\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n## 15 Body corporate managers—section 82\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n## 16 Return of records and trust money when delegations revoked—section 84\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n## 17 Matters to be addressed at first general meeting—paragraph 86(2)(e)\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n## 18 Agenda for annual general meeting—subparagraph 87(6)(d)(vi)\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n## 19 Procedure at meetings—Schedule 2\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n## 20 Fidelity guarantee insurance—section 103\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n## 21 Proof of insurance—subsection 105(2)\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n## 22 Unanimous or special resolution for acquisition of property—paragraph 111(3)(b)\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n## 23 Statement of expenditure etc.—section 112\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n## 24 Interest on arrears of contributions by lot owners—paragraph 113(4)(b)\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n## 25 Notice for payment of contribution or instalment—paragraph 113(6)(a)\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n## 26 Resolutions authorising expenditure—section 118\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n## 27 Register of owners of community lots—subsection 134(2)\n\n## 28 Records—sections 135 and 136\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n## 29 Audit—subsection 137(4)\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n## 30 Fee for provision of information—subsection 138(4)\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n## 31 Services provided by bodies corporate—section 151\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n## 32 Functions of secretary and treasurer of body corporate\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n## Division 2 Manager’s trust accounts\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 33 Authorisation of fees, costs and disbursements—paragraph 122(b)\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n## 34 Authorised trust accounts—section 123\n\n## 35 General duty with respect to electronic records\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n## 36 Cash books—paragraph 125(1)(c)\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n## 37 Separate trust ledger accounts\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n## 38 Reconciliation statements\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n## 39 Receipt of trust money\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n## 40 Payment of trust money\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n## 41 Audit of trust accounts—section 126\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n## 42 Manager’s statement\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n## 43 Certain persons may not audit accounts and records of manager\n\n## 44 Holding of deposit and other contract money when lot is pre‑sold—section 149\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n## Part 4 Fees\n\n## 45 Fees\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n## 645A Offence relating to incurring of debts—temporary relief in response to the coronavirus\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n## Part 30 Meetings and company documents\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## Division 1 Meetings\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 674 Provisions about meetings\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n## Division 2 Execution of company documents\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 675 Methods of executing document\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n## 676 Assumptions that can be made about execution of document\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n## Division 3 Miscellaneous\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 677 Effect of modified provisions\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n## 28A Exercise of powers etc. by Magistrate anywhere in Australia\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n## 8 Certain provisions of this Chapter do not apply to certain pre‑2008 offences\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\n## 10 Definition of applied provisions\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n## 108 Meaning of sexual intercourse in this Part\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n## 108A Meaning of act of indecency in this Part\n\n## 113A Sexual intercourse with person aged at least 16 but under 18—defendant in position of trust or authority\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n## 119A Act of indecency with person aged at least 16 but under 18—defendant in position of trust or authority\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n## 121A Procuring a young person for a child sex offence\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n## 121B Grooming a person for a child sex offence\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n## 121C Definitions for procuring and grooming offences\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n## 54 Seizure of firearms—apprehended violence orders\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n## 110 Discharge of prisoner if case not to be proceeded with\n\n## 155 Definitions for this Chapter\n\n## 155A Meaning of give evidence in a proceeding by audiovisual link for this Chapter\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n## 155B Sworn or unsworn evidence\n\n## 155C Proceedings to which this Chapter applies\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n## 155D Child giving evidence by audiovisual link\n\n## 155E Representation of child\n\n## 155F Consequential orders\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n## 155G Making of orders\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n## 155H Jury warning about inferences from child giving evidence by audiovisual link\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n## 155J Failure to comply with this Chapter\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n## 155K Child turns 18 during proceeding\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n## 160 Meaning of proceeding for this Chapter\n\n## 160A Meaning of witness with a disability for this Chapter\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n## 160B Proceedings to which this Chapter applies\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n## 160C Child or witness with disability may have support person in court\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n## 160D Witness with vulnerability may give evidence in closed court\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n## 160E Making of orders under this Chapter—court not bound by rules of evidence\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n## Division 1 Preliminary\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 165 Failure to comply with this Chapter\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n## 165A Meaning of relevant person for this Chapter\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n## 165B Meaning of relative for this Chapter\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n## 165C Meaning of other family relationship expressions for this Chapter\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n## 165D Meaning of found guilty for this Chapter\n\n## 165E Meaning of intellectually impaired for this Chapter\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n## 165F Meaning of lawyer for this Chapter\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n## 165G References to offences include related ancillary offences\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n## Division 2 Evidence in sexual and violent offence proceedings\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## Subdivision A Preliminary\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 166 Definitions for this Division\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n## Subdivision B Sexual and violent offence proceedings: general\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 167 Meaning of complainant and sexual offence proceeding for this Subdivision\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n## 167A Meaning of violent offence proceeding for this Subdivision\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n## 167B Accused may be screened from witness in court\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n## 167C Examination of witness by self‑represented accused person—procedure\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n## 167D Sexual and violent offence proceeding—witness may have support person in court\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n## 167E Sexual and violent offence proceeding—evidence to be given in closed court\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n## 167F Sexual offence proceedings—publication identifying complainants\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n## Subdivision C Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 168 Meaning of sexual offence and violent offence for this Subdivision\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n## 168A Meaning of sexual offence proceeding for this Subdivision\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n## 168B Meaning of violent offence proceeding for this Subdivision\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n## 168C Meaning of witness for this Subdivision\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n## 168D Meaning of audiovisual recording for this Subdivision\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n## 168E Audiovisual recording may be admitted as evidence\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n## 168F Audiovisual recording—notice\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n## 168G Audiovisual recording—notice for access\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n## 168H Audiovisual recording—access to accused person\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n## 168J Audiovisual recording—admissibility\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n## 168K Audiovisual recording—jury trial\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n## 168L Transcript of audiovisual recording—access to court\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n## 168M Audiovisual recording—offences\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n## Subdivision D Sexual and violent offence proceedings: giving evidence by audiovisual link\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 169 Definitions for this Subdivision\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n## 169A Meaning of complainant and sexual offence proceeding for this Subdivision\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n## 169B Meaning of violent offence proceeding for this Subdivision\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n## 169C Proceedings to which this Subdivision applies\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n## 169D Complainant or similar act witness giving evidence by audiovisual link\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n## 169E Recording evidence given in sexual offence proceedings\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n## 169F Consequential orders\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n## 169G Making orders under this Subdivision\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n## 169H Jury warning about inferences from complainant or similar act witness giving evidence by audiovisual link\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n## Subdivision E Special provisions relating to retrials of sexual offence proceedings\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 170 Definitions\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n## 170A Admission of evidence of complainant in new trial proceedings\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n## 170B Complainant not compellable to give further evidence\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n## 170C Complainant may elect to give further evidence\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n## 170D Form in which record of original evidence of complainant is to be tendered\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n## 170E Access to audiovisual or audio recording\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n## 170F Exhibits may also be tendered\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\n## Subdivision F Special provisions relating to subsequent trials of sexual offence proceedings\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n## 171 Definitions\n\n## 171A Admission of evidence of complainant in new trial proceedings\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n## 171B Whether complainant compellable to give further evidence\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n## 171C Complainant may elect to give further evidence\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n## 171D Application of provisions dealing with form of record of original evidence, access to recordings and exhibits\n\n## Division 3 Evidence in domestic violence proceedings\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## Subdivision A Definitions for this Division\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 172 Meaning of domestic violence offence for this Division\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n## 172A Meaning of domestic violence offence proceeding for this Division\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n## 172B Meaning of complainant for this Division\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n## 172C Meaning of recorded statement for this Division\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n## Subdivision B Evidence may be given in closed court\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 173 Evidence may be given in closed court\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n## Subdivision C Recorded statement of police interview admissible as evidence: domestic violence offence proceedings\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 174 Recorded statement—requirements\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n## 174A Recorded statement—may be admitted as evidence\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n## 174B Recorded statement—hearsay rule and opinion rule\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n## 174C Validity of proceeding not affected\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n## 174D Recorded statement—represented accused person to be given copy\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n## 174E Recorded statement—unrepresented accused person to be given access\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n## 174F Recorded statement—admissibility\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n## 174G Recorded statement—accused person to be given audio copy\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n## 174H Recorded statement—jury trial\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n## 174J Recorded statement—offence to publish\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n## Subdivision D Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 175 Recorded statement—may be admitted as evidence in application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\n## 5A Relationship with Public Health Act 2005 (Qld) (NI)\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n## 21 Approved fee for supply of electricity\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n## 23 Liability for approved fee\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n## 9 Public holidays\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n## 9A National Day of Mourning\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n## Division 1 Interpretation\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n## 28 Meanings of incapacity and permanent incapacity\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n## 28A Meaning of disease\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\n## Division 2 Compensation: work‑related accidents etc.\n\n## 30 Periodical compensation—loss or diminution of capacity to earn\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n## 31 Compensation for permanent incapacity—general\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n## 32 Compensation for permanent incapacity—assessment\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n## 32A Compensation for permanent incapacity—failure to attend for assessment\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n## 32B Compensation for permanent incapacity—report of assessment and amount of compensation\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n## 32C Compensation for permanent incapacity—powers of Tribunal\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n## 37 Compensation for reasonable costs of medical treatment\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n## Division 3 Compensation: payment of claims\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 37AA Interpretation—references to liability to pay compensation under this Part\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n## 38 Rehabilitation\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n## 39 Compulsory insurance\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n## 39A Public schemes—general\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n## 39B Public schemes—membership\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n## 42 Indexation of compensation amounts\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n## 46 Overpaid amounts\n\n## 47 Information relevant to claims\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n## 47A Independent medical examinations—requirement by Employment Liaison Officer\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n## 47B Independent medical examinations—failure to attend examination\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n## 47C Independent medical examinations—report of examination\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n## Division 4 Employment Liaison Officer\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 47D Employment Liaison Officer\n\n## 47E Functions and powers of Employment Liaison Officer\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n## 47F Employment Liaison Officer—appointment\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n## 47G Employment Liaison Officer—acting appointments\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n## 47H Delegations by Employment Liaison Officer\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n## 57A Inspectors—management and control\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n## Part 5 Review of matters relating to compensation\n\n## Division 1 Internal review by Employment Liaison Officer\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 65 Internal review—applications\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n## 66 Who undertakes internal review?\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n## 67 Internal review—determination and notice\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n## Division 2 Inquiry by Tribunal\n\n## 78 Tribunal\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n## 82 Inquiry—applications\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n## 82AA Inquiry—how convened\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n## 82AB Inquiry—participation and representation\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n## 95 Restriction on delegation by Commonwealth Minister\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n## 97A Electronic transactions\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n## 100 Employment Liaison Officer, Tribunal members etc. to respect privacy\n\n## 107 Protection from liability\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\n## 108 Rules\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\n## 150 Making and amendment of Code by regulations\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n## Part 2 Chief Fire Control Officer, Fire Control Officers and authorised persons\n\n## 19 Powers to enter land and light fires on land\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n## Part 3 Prevention and control of fires\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## Division 1 Total fire ban\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 21 Declaration of a total fire ban\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n## 21A Fires during a total fire ban\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n## 21B Fire must not be left unattended during total fire ban\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n## 21C Hot works during total fire ban\n\n## Division 2 Fire danger period\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 22 Declaration of fire danger period\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n## 22A Fires during a fire danger period\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n## 22B Fire must not be left unattended during a fire danger period\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n## Division 3 Fires other than during a total fire ban or fire danger period\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 23 Fires to clear land\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n## 23A Burning waste\n\n## 23B Burning green waste\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n## Division 4 Obligations relating to fires at all times\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 24 Uncontrolled fires must be notified and extinguished\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n## 24A No tampering etc with fire protection or fire prevention equipment\n\n## Division 5 Chief Fire Control Officer Directions\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 25 Directions to prevent fire or in event of fire\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n## 25A Failure to comply with Direction\n\n## Part 3A Permits\n\n## 26 Permits\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n## 26A Conditions of permit must be complied with\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\n## Part 2 Interactive home gaming\n\n## Division 1 Prohibition of interactive home gaming\n\n## 6 Prohibition of interactive home gaming\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n## 28Q Entry of place by authorised officers, etc.\n\n## 6 Powers and functions of the Authority\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\n## Part 3 Authorised officers\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n## Division 2 Consulting heritage advisers\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 26 Heritage adviser may be consulted\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n## 8A Application of the Acts Interpretation Act 1901 (Commonwealth)\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n## 8B Application of the Legislative Instruments Act 2003 or the Legislation Act 2003 (Commonwealth)\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n## 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n## 8AA Enactments extended to Queensland applied or adopted laws\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n## 8D Continued laws regulating employment do not apply to certain officers, employees and authorities of Queensland\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n## 12B Fee units\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n## 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n## 12CA Norfolk Island Health and Residential Aged Care Service Facility taken to be a hospital\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n## 12D References to Crown Law Officer or Crown Counsel\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n## 12E Delegation by Director of Public Prosecutions of the Commonwealth\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n## 12F Delegation by Norfolk Island Regional Council\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n## 12G Delegation by Chief Executive Officer\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n## 29 References to Commonwealth Acts\n\n## 29A References to NSW Acts and instruments\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n## 29B References to Queensland Acts and instruments\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n## 40 Penalties\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n## 41A Disallowable instruments\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n## 43 Administration of enactments at and after the interim transition time\n\n## Part 1 Introduction\n\n## 1 Object of this Schedule\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n## 2 Definitions\n\n## 3 This Schedule does not apply to section 19A Ordinances\n\n## 4 This Schedule does not apply in relation to section 8A of this Act\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n## Part 2 Commonwealth Minister’s roles\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## Division 1 Commonwealth Minister’s roles\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## Subdivision A General rule\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 5 Roles belonging to a Minister, an executive member or the Administrator before the interim transition time\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n## Subdivision B Exceptions to general rule, and other special rules\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 6 Modification of prerequisites for Commonwealth Minister to take action under clause 5\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n## 7 Money to be paid or given to the Norfolk Island Regional Council instead of a Minister\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n## 8 Commonwealth Minister not required to interact with himself or herself\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n## 9 Special rules relating to the Legislative Assembly\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n## Division 2 Delegation of Commonwealth Minister’s role\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 10 Delegation by Commonwealth Minister\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n## 11 Directions to delegates\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n## 12 Thing done under delegation taken to have been done by Commonwealth Minister\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\n## 8 Liability to serve as jurors\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n## 6B Registration fee\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\n## 27 Immunity\n\n## 5 Approved fees for Lighterage Services\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\n## 7 Standards\n\n## 13 Registrar of Liquor Licences\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n## 30 Approved fees for certificates\n\n## 3 Definitions\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n## 4 Title and practice protections\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\n## 17A Reasons for decisions in respect of referrals by courts under the Criminal Procedure Act 2007\n\n## Part 4A Referrals by courts under the Criminal Procedure Act 2007\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n## Part 4B Procedural matters for referrals by courts under the Criminal Procedure Act 2007\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n## 4 Definitions\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n## 5 Norfolk Island Health and Residential Aged Care Service Facility\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n## 6 Norfolk Island Health and Residential Aged Care Service\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n## 19 Manager of Norfolk Island Health and Residential Aged Care Service\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n## 21 Powers of Manager\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n## Part 4A Professional staff\n\n## 23A Medical Superintendent\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n## 3 Interaction with requirements under National Law\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n## 4 Definitions\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n## 12 Ministerial approval after public consultation\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n## Part 3A Significant developments\n\n## 28A Applicants\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n## 28B Formalities\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n## 28C Processing application for declaration in relation to significant development\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n## 28D Matters to be considered\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n## 28E Notice to applicants\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n## 28F Notice in Gazette of declarations\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n## 28G Revocation of declaration\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n## 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n## 40A Rejection of development applications for ancillary project if not ancillary project\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n## Subdivision 2A Declared significant developments and ancillary projects\n\nUnder sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws\n\nContinued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.\n\nThe items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n> Note: The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).\n\n (1) Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.\n (2) The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.\n then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.\n\nAdd:\n\n> Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).\n\nOmit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.\n\n (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or\n\nOmit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.\n\nAdd “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.\n\n (1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.\n\n> Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.\n\nOmit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.\n\nOmit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.\n\n> outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.\n\n (1) The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.\n (2) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.\n (3) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.\n\n For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:\n (a) gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.\n\nOmit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.\n\nOmit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.\n\nOmit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

\n```\n\nOmit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.\n\n Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.\n\n> military‑style weapon has the same meaning as in the Weapons Prohibition Act 1998 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n (ii) the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;\n\n (ii) the infliction of actual bodily harm with intent to have sexual intercourse with a person aged under 16 years by a person who is aged 18 years or older;\n (e) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (f) an offence involving wounding or the infliction of grievous bodily harm if the accused person has previously been convicted of:\n (ii) an offence against a law of the Commonwealth, a State or a Territory that is similar to an offence referred to in paragraph (d);\n (g) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a firearm;\n (i) an offence against Chapter 3 of the Criminal Code 2007 that is punishable by imprisonment for 5 years or more and that involves the use of a military‑style weapon;\n (k) an offence against the Criminal Code 2007 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a controlled drug or controlled plant (all within the meaning of Chapter 6 of that Code);\n (m) an offence against Part 9.1 of the Criminal Code of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug (all within the meaning of that Part);\n (o) an offence punishable by imprisonment for 5 years or more that is committed by the accused person while the person is the subject of a warrant that authorises the person’s arrest and that is issued under:\n\n (2A) If a person shows cause to a court as described in subsection (2) and the court makes an order granting bail to the person, the court must include in the order a statement of reasons for granting bail.\n\nOmit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.\n\n (2) An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.\n (3) However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).\n (4) If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n (b) a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nOmit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.\n\nOmit “shall not review a decision in relation to bail except a decision made by himself or an authorised person”, substitute “must not review a decision in relation to bail except a decision made by the Chief Magistrate or an authorised member”.\n\nOmit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.\n\n> accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.\n\nAdd:\n\n (3) The notice must specify a period for compliance with the notice. That period must be the statutory period, commencing on the day the debtor is served with the notice.\n\nOmit “21 days of service of the notice upon him or her”, substitute “the statutory period, commencing on the day the debtor is served with the notice,”.\n\n (2A) Despite subsection (2), a petition must not be presented to the Court during the COVID‑19 period unless the debt or total of debts due by a debtor amounts to no less than the statutory minimum.\n\nOmit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.\n\nOmit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.\n\n Note: For notices served before 1 January 2021, that is, during the COVID‑19 period, the statutory minimum is $20,000 and the statutory period is 6 months, commencing on the day the debtor is served with the notice. For notices served from 1 January 2021, the statutory minimum is $10,000 and the statutory period is 21 days, commencing on the day the debtor is served with the notice (see the Bankruptcy Act 2006, section 3).\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.\n\nAdd:\n\nOmit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.\n\nAdd:\n\n| 12. | An instrument effecting or evidencing the conveyance of leviable property if:(a) the transfer does not involve a change in beneficial ownership; and(b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |\n| --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n\nAdd:\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of Part 10 of Chapter 12 of the Education (General Provisions) Act 2006 (Qld) (NI) in accordance with their terms.\n\nAdd:\n\n (2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.\n (3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.\n (5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.\n\n (i) an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;\n (ii) an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;\n (iii) an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;\n (iv) an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.\n\nNote: For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).\n\n (ab) The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.\n\n (b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.\n\nNote: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).\n\n (bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).\n\n (c) The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.\n\n (a) the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or\n (b) the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.\n (a) limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and\n (4) For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.\n\n (9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.\n\n A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.\n\nAdd:\n\n (12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).\n\n (1) The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:\n (b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or\n (i) holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and\n (ii) has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or\n\n> Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.\n\n (2) If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.\n\nOmit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:\n (b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.\n\n (a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or\n (b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.\n\n (3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.\n\n (4) A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.\n\n (1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.\n (3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:\n\nOmit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.\n (6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.\n\n (1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.\n\n A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.\n\n (1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.\n\n An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.\n\n (1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.\n (2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.\n (a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or\n\n (1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.\n (2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.\n (4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.\n (5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.\n\n An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:\n\n (1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.\n (2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.\n (3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.\n (4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.\n (5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.\n\n An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.\n\n> Note: Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.\n\n An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.\n\n (1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.\n (2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.\n\n (1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.\n (4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.\n (5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.\n (7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.\n\nAdd:\n\n For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.\n\n For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.\n\n (b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and\n (d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and\n (i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and\n (ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and\n (iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and\n (h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and\n (k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and\n (2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.\n\n A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.\n\n The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.\n\n The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.\n\n (1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:\n (2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.\n (3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.\n\n The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.\n\n The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.\n\n Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.\n\n (1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.\n\n Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.\n\n (1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).\n (2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).\n (a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and\n (b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n (c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and\n\n (i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or\n (iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or\n (b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or\n (c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.\n\n (1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:\n (2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.\n (3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:\n (a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;\n (b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.\n (4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:\n (d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and\n\n (3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.\n\n The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:\n\n (d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and\n (e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:\n (ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and\n (iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and\n\n (1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.\n (2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:\n (a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;\n (b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:\n (i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and\n (ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and\n (iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;\n (c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.\n (3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:\n (i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and\n (i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and\n (ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and\n (iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).\n (4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.\n\n (i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;\n\n For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.\n\n (a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and\n (b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.\n\n (b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.\n\n For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:\n\n For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:\n (c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;\n (d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);\n (e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;\n\n (a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and\n (b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and\n\n (1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):\n (b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).\n (2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.\n (3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:\n\n (1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.\n (2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.\n\n (b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):\n (ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;\n\n (1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.\n (b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.\n\n (a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;\n (b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;\n (e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.\n\n (1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.\n (2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.\n\n (b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and\n (c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and\n (d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.\n\n (1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:\n (a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:\n (b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:\n (2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:\n (a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and\n (i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;\n (ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and\n (4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.\n (5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n\n (b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.\n (3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.\n (5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.\n (6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.\n (7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:\n (i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and\n (ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and\n (iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and\n (b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and\n (c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and\n (d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.\n\n (a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and\n (b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;\n (but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).\n\n (1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:\n (a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and\n (i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;\n (iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;\n (2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:\n (a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and\n (b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and\n (c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).\n (a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or\n\n (ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.\n\n (3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:\n (iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;\n (b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.\n\n (1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.\n (a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and\n (c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and\n (d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:\n (i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and\n (3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:\n (d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;\n (e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;\n (f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;\n (g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.\n (4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).\n (5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.\n the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.\n\n (7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:\n (8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.\n\n and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:\n (d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and\n (e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and\n (f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and\n (g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.\n\n (a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or\n (b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.\n\n (1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:\n (2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:\n\n There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.\n\n

Fees

Item

Matter for which fee is payable

Fee
(fee units)

1

Preliminary examination of plan to be lodged with application before application is lodged (section 152):

(a) for application for division of land by plan of community division (section 21):

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(b) for any other application

16

2

Application for division of land by plan of community division (section 21):

(a) for examination of application;

13

(b) for examination of plan of community division not subject to prior approval under section 152:

(i) if there are 6 lots or less;

16

(ii) if there are more than 6 lots;

32

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules;

5

(g) for filing of development contract

5

3

Application to amend schedule of lot entitlements (section 27)

5

4

Filing of copy of certified scheme description as amended (section 35)

5

5

Filing of certified copy of rules as varied (section 39)

5

6

Maximum fee for purchase from body corporate of copy of rules (section 47)

1

7

Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47)

2

8

Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52)

5

9

Maximum fee for purchase from body corporate of copy of development contract (section 53)

1

10

Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53)

2

11

Application for amendment of deposited community plan (section 54):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title;

2

(d) for filing of amended scheme description

5

12

Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60):

(a) for examination of application;

10

(b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152;

16

(c) for each lot requiring issue of certificate of title

2

13

Application for amalgamation of deposited community plans (section 62):

(a) for examination of application;

10

(b) for examination of plan of community division not subject to prior approval under section 152;

16

(c) for deposit of plan of community division;

4

(d) for each lot requiring issue of certificate of title;

2

(e) for filing of scheme description;

5

(f) for filing of rules

5

14

Application for cancellation of deposited community plan (section 71):

(a) for examination of application;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

15

Application to note Court order for cancellation of community plan (sections 66 and 69):

(a) for noting the order;

10

(b) if application is for cancellation of primary plan:

(i) for examination of plan that delineates outer boundaries of primary parcel;

16

(ii) for filing of plan;

4

(c) for each certificate of title to be issued

2

16

Filing of notice of appointment, removal or replacement of administrator (section 99)

5

17

Submission of outer boundary plan (clause 7):

(a) for examination of plan;

32

(b) for filing of plan

4

18

Fee for re‑examination of plan when amended after approval for deposit is given

4

19

Lodgement of any other document required by this Act

5

\n```\n\n (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.\n\n> evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.\n\n (1) The operation of the provisions specified in subsection (2) is modified as follows, in relation to each class of persons in relation to whom the provisions apply, subject to the conditions set out in subsection (3):\n (a) a meeting may be held using one or more technologies that give all persons entitled to attend a reasonable opportunity to participate without being physically present in the same place, and paragraphs (b) to (e) of this subsection apply if the meeting is held in that way;\n (b) all persons so participating in the meeting are taken for all purposes (for example, a quorum requirement) to be present at the meeting while so participating;\n (c) a vote taken at the meeting must be taken on a poll, and not on a show of hands, by using one or more technologies to give each person entitled to vote the opportunity to participate in the vote in real time and, where practicable, by recording their vote in advance of the meeting;\n (d) a requirement to allow an opportunity for persons attending the meeting to speak (for example, by asking questions) may be complied with by using one or more technologies that allow that opportunity;\n (f) notice of a meeting may be given, and any other information to be provided with notice of a meeting, or at or in relation to a meeting, may be provided, using one or more technologies to communicate to those entitled to receive notice of the meeting:\n (ii) details of an online location where the items covered by subparagraph (i) can be viewed or from where they can be downloaded.\n Example: A company has email addresses for some of its members. Under this paragraph the company could send those members an email setting out or attaching notice of a meeting, and other material relating to the meeting, or providing a link to where the notice and other material can be viewed or downloaded. To the other members the company could send a letter or postcard setting out a URL for viewing or downloading the notice and other material.\n (b) gives effect to, or provides a means of enforcing, a provision in the constitution of a company, or in any other arrangement, that requires or permits a meeting to be held, or regulates giving notice of a meeting or the conduct of a meeting.\n (a) the person required or permitted to give notice of a meeting that is held as mentioned in paragraph (1)(a) must include in the notice information about how those entitled to attend can participate in the meeting (including how they can participate in a vote taken at the meeting, and speak at the meeting, to the extent they are entitled to do so);\n (b) if notice of the meeting had already been given before the commencement of this section, the person required or permitted to give notice of the meeting must, at least 7 days before the meeting is held, give a fresh notice of the meeting that includes the information referred to in paragraph (a) of this subsection;\n (c) if a person (the appointer) is entitled to attend the meeting, or to vote at the meeting, by proxy, the person conducting the meeting must treat a duly appointed proxy in the same way as the appointer would be entitled or required to be treated if he or she attended the meeting in person.\n\n (1) The operation of section 111 of the Act is modified, as set out in this section, in relation to companies, directors of companies, company secretaries, and persons having dealings with companies.\n\n (3) A company may also execute a document without using a common seal if 2 directors of the company, or a director and a company secretary of the company, as the case requires, either:\n (b) comply with subsection (4) of this section in relation to an electronic communication (within the meaning of the Electronic Transactions Act 1999 of the Commonwealth).\n The copy, counterpart or electronic communication must include the entire contents of the document, but need not include the signature of another person signing the document nor any material included in the document because of subsection (4) of this section.\n (a) a method is used to identify the person in the electronic communication and to indicate the person’s intention in respect of the contents of the document; and\n (i) is as reliable as appropriate for the purpose for which the company is executing the document, in light of all the circumstances, including any relevant agreement; or\n (ii) is proven in fact to have fulfilled the functions described in paragraph (a), by itself or together with further evidence.\n\n (1) The operation of section 93 of the Act is modified, as set out in this section, in relation to companies and persons having dealings with companies.\n (2) A reference to a document appearing to have been duly sealed in accordance with paragraph 93(3)(e) of the Act includes a reference to a document (including a document in electronic form) appearing to have been executed in accordance with section 111 of the Act operating as modified by section 675.\n\n Anything done in accordance with the modified operation of provisions modified by this Part is as valid and effective for all purposes as if it had been done in accordance with those provisions in their unmodified operation.\n\n> applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.\n\n (b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.\n\n (1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.\n\n (2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.\n (3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).\n (4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).\n\nAdd:\n\n (1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.\n (2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:\n (i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or\n (ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and\n (b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.\n\n> Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).\n\n (4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.\n (6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).\n\nOmit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.\n\nOmit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.\n\nOmit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.\n\nAdd:\n\n (1) Despite section 7, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:\n (b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.\n (2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.\n\n> omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.\n\nAdd:\n\n> Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.\n\n (a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and\n\n> Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.\n\n (b) the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.\n\n (c) the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).\n\n (a) at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:\n\n (4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.\n\nAdd:\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and\n\n (4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.\n (5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.\n (6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.\n\nAdd:\n\n (6) However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.\n\nAdd:\n\n> NSW Drug Misuse and Trafficking Act means the Drug Misuse and Trafficking Act 1985 (NSW) as in force at the commencement of the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021.\n\n> commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 4 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> large commercial quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 5 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\n> trafficable quantity of a controlled drug, or controlled plant, means the quantity specified for that drug or plant in column 1 of the table in Schedule 1 to the NSW Drug Misuse and Trafficking Act.\n\nOmit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n> applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n> law of Norfolk Island means a law in force in Norfolk Island in accordance with section 15 of the Norfolk Island Act 1979 of the Commonwealth.\n\n> Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.\n\n> audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.\n\nAdd:\n\nOmit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\nOmit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.\n\nOmit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.\n\nOmit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.\n\n (c) the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and\n\nOmit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or\n (d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or\n\n (2) For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.\n\n (1) If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.\n\n For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (i) for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or\n (ii) for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or\n (iii) by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or\n (b) a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or\n\n (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:\n (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or\n (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:\n\n (2) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.\n (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.\n\n For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (1) If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.\n\n (d) a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or\n\n> intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:\n\n (3) For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:\n\n (b) if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and\n\n (3) For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:\n (a) someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;\n (b) someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.\n\n> child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.\n\n> parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.\n\n> stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.\n\n (2) For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.\n\n (b) a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or\n\n> lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.\n\n (1) A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.\n\n> Note: Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.\n\n (b) an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).\n\n> similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:\n\n> witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.\n\n (1) For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (d) an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.\n (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.\n (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.\n\n> Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).\n\n (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:\n (b) obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and\n (c) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.\n (4) The court may order that a witness have more than one support person if it considers it is in the interests of justice.\n (6) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n (3) The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or\n (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or\n (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).\n\n (c) the matter identifies, or is likely to lead to the identification of, another person (the identified person) as a complainant in a sexual offence proceeding.\n\n (b) the publication is in a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a sexual offence proceeding); or\n (c) the identified person is aged 14 years or older and the publication is made with the consent of the identified person; or\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection, see section 58 of the Criminal Code 2007.\n\n (i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or\n (5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.\n (7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:\n (8) If the identified person or a party referred to in paragraph (7)(d) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the identified person or the party, as the case may be.\n (a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and\n\n#### Subdivision C—Sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence\n\n (1) For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.\n (2) For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n> complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n\n (1) For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.\n (b) not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.\n\n (b) if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.\n (3) The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.\n\n (1) This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.\n (b) that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;\n\n (1) The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.\n\n (1) This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.\n (2) The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.\n\n (b) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (a) a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and\n (b) the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.\n\n (2) For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:\n (b) a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.\n\n> give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.\n\n (1) For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.\n (b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (b) a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or\n (c) a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (ii) the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.\n\n (2) For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.\n\n (2) The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.\n (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.\n\n (1) If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.\n (2) If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.\n\n (1) This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.\n (c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or\n (d) who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or\n (4) The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.\n\n (2) For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.\n\n (2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.\n\n> accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.\n\n> complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.\n\n> prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.\n\n (1) If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.\n (6) However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.\n\n (1) A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.\n (2) For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:\n (c) if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.\n (3) If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.\n (a) the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or\n\n (1) If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).\n (2) However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.\n\n (1) If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (2) This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.\n\nNote: Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.\n\n (1) If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.\n (2) For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.\n (3) Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:\n (a) the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and\n (b) the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and\n (c) the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.\n (4) The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.\n (5) Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:\n (a) the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;\n (c) the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;\n (6) If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.\n (7) In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).\n (8) This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:\n\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.\n\n (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:\n (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.\n (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.\n\n> domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n> Note: Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.\n\n (b) a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or\n (c) a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or\n\n (b) a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and\n (c) a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.\n\n (i) against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and\n\n> Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.\n\n (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and\n\n (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.\n\n (3) The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.\n (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:\n (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.\n\n (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.\n\n> Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.\n\n> Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.\n\n (b) if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.\n (2) However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.\n (3) The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.\n (4) If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.\n (5) To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.\n\n (1) The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.\n\n> Note: The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.\n\n (1) The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.\n (2) The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.\n\n (a) a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and\n (2) The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.\n (3) Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:\n (c) on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.\n (4) If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.\n\n Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:\n (b) the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.\n\n (c) the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).\n\n (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.\n (3) If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.\n\n (2) For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:\n (c) a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (i) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (ii) the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.\n\n> publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.\n\n#### Subdivision D—Recorded statement of police interview admissible as evidence: application for apprehended domestic violence order\n\n (2) The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:\n (a) the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and\n (b) the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.\n\n> legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\n62B Part 1 of Schedule 5 (after table item dealing with Methadone intermediate (4‑Cyano‑2‑dimethylamino‑4, 4‑diphenylbutane))\n\nOmit “an officer authorised by the Administrator”, substitute “\\[an officer authorised by the Commonwealth Minister / a member of the police force permitted\\]”.\n\nNothing in this Act is intended to exclude or limit the operation of the provisions of the Public Health Act 2005 (Qld) (NI) in accordance with their terms.\n\n (1A) For the purposes of subsection (1), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n\nOmit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

\n```\n\n (2) As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

\n```\n\n (5) The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

\n```\n\n> approved means approved in writing by the Employment Liaison Officer, under subsection 47E(3), for the purposes of the provision in which the term occurs.\n\n> membership fees for a public scheme means the fees for the scheme prescribed by rules made for the purposes of subsection 39B(5).\n\n> rehabilitation program, in relation to an injury or condition, means a program involving the provision of rehabilitation services for the injury or condition.\n\n> rehabilitation services, in relation to an injury or condition, means services provided to a person in connection with the person’s rehabilitation from the injury or condition, including (without limitation) the following:\n\n> Note: The jurisdiction conferred by subsection 78(1) relates to matters arising under Part 3 (compensation for work‑related accidents, etc.)\n\n> work‑related accident means a situation or event occurring at a workplace or arising out of, or in the course of, an employee’s work that results in death or injury.\n\n (1A) If, in relation to a matter, this Act refers to an entity which is not a person, the reference is taken to include a reference to a person nominated by the entity to act on behalf of the entity.\n\n> Note: Example: This subsection applies to a reference in Part 5 (review of matters related to compensation) to an entity that is an employer mentioned in subsection (1) of this section, but is not a natural person, a body corporate or a body politic.\n\n (h) Sovereign’s Birthday—the first Monday after the second Saturday in June or, if that Monday is observed as Bounty Day under paragraph (g), the next Monday;\n\nAdd:\n\n A National Day of Mourning for Her Majesty Queen Elizabeth II is to be observed as an additional, one‑off, public holiday on 22 September 2022.\n\nOmit “prescribed training position”, substitute “training position prescribed by the rules for the purposes of this subsection”.\n\nOmit “of a class defined in the Regulations”, substitute “who belongs to a class prescribed by the rules, for the purposes of this subsection,”.\n\n (a) attendance, examination or treatment of any kind by a registered health practitioner who is registered under a National Law (within the meaning of the My Health Records Act 2012 of the Commonwealth) to practise one of the following professions (including a recognised speciality in one of the following professions):\n (b) an examination, test or analysis carried out at the request or direction of a person referred to in paragraph (a), including the provision of a report in respect of such an examination, test or analysis;\n (c) the provision and, as necessary from time to time, the repair, adjustment or replacement of crutches, artificial members, artificial eyes or teeth, spectacles, hearing aids or other aids;\n (iv) any other usual or necessary hospital services with respect to the treatment of the injury or disease of an employee;\n (h) any other approved treatment (which may include treatment by a person practising a profession that is not listed in subparagraphs (i) to (vii) of paragraph (a)).\n\n> Note: Under section 30, an employee is entitled to periodical compensation if the employee’s incapacity results in a total or partial loss or diminution of the employee’s capacity to earn.\n\n (2) For the purposes of this Act, an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function of the employee if the loss or impairment:\n\n> Note: Under section 31, an employee is entitled to lump sum compensation if the employee suffers permanent incapacity, whether or not the incapacity results in a loss or diminution of the employee’s capacity to earn.\n\n (1) For the purposes of this Part, disease means an ailment suffered by an employee, or an aggravation of such an ailment, to which the employee’s employment made a significant contribution.\n (2) In determining whether an employee’s employment made a significant contribution to an ailment suffered by the employee, or to an aggravation of such an ailment, the matters that may be taken into account include (but are not limited to) the following:\n\nOmit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.\n\nAfter “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.\n\nOmit “where that amount is less than the prescribed amount”, substitute “, where that amount is less than the amount prescribed for the purposes of subparagraph (i)”.\n\n (1) If an employee suffers permanent incapacity in relation to a loss or impairment of a bodily or mental function, the employer must pay lump sum compensation to the employee in accordance with this section.\n (c) whether or not the loss or impairment of bodily or mental function results in a loss or diminution of the employee’s capacity to earn.\n\n (b) the employee makes a claim for lump sum compensation under section 37A for permanent incapacity in relation to the loss or impairment.\n (a) if the claim is made against an employer, or former employer, of the employee who was, at the time of the events giving rise to, or contributing to, the loss or impairment, a member of a public scheme—the Employment Liaison Officer;\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (3) A permanent incapacity assessment of the employee is an assessment undertaken in accordance with this section by a registered medical practitioner, for the purpose of determining:\n (a) whether the employee has suffered permanent loss or impairment of a bodily or mental function entitling the employee to be paid lump sum compensation for permanent incapacity under section 31; and\n (b) if the employee has suffered such permanent loss or impairment—the degree of the permanent loss or impairment, expressed as a percentage.\n (a) make reasonable arrangements for a registered medical practitioner to undertake a permanent incapacity assessment of the employee; and\n (b) give reasonable written notice to the employee requiring the employee to attend for a permanent incapacity assessment in accordance with the arrangements.\n (5) A person who undertakes a permanent incapacity assessment of an employee must not assess the degree of any permanent loss or impairment of a bodily or mental function suffered by the employee until the person is satisfied that the degree of that loss or impairment has stabilised.\n (b) may have regard to reports or advice obtained from a registered health practitioner of a kind referred to in paragraph (a) of the definition of medical treatment in subsection 26(1).\n (7) The responsible party in relation to a claim for compensation must pay the costs of a permanent incapacity assessment in relation to the claim.\n (8) The costs of a permanent incapacity assessment of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n\n (1) An employee’s right to lump sum compensation under section 31 in relation to a loss or impairment of a bodily or mental function is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for a permanent incapacity assessment given to the employee under subsection 32(4) in relation to that loss or impairment.\n (2) If an employee’s right to lump sum compensation in relation to a loss or impairment is suspended under subsection (1), the suspension continues until:\n (a) the responsible party in relation to the claim gives the employee a new notice under subsection 32(4) setting out new arrangements for a permanent incapacity assessment in relation to the loss or impairment; and\n\n (1) A person who undertakes a permanent incapacity assessment of an employee must, as soon as practicable after concluding the assessment:\n (a) prepare a written report of the assessment, including findings as to the matters mentioned in paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3); and\n\n> Note: Paragraphs (a) and (b) of the definition of permanent incapacity assessment in subsection 32(3) relate to whether, and to what degree, the employee has suffered permanent incapacity.\n\n (2) For the purposes of paragraph 31(2)(b), if the report of a permanent incapacity assessment indicates that the employee has suffered permanent incapacity with a specified percentage of permanent loss or impairment of bodily or mental function, the amount of lump sum compensation payable to the employee in relation to the loss or impairment is:\n\n For the purposes of an inquiry under Division 2 of Part 5 in relation to an employee’s claim for lump sum compensation under section 37A for permanent incapacity in relation to a loss or impairment of a bodily or mental function, the orders the Tribunal may make under section 85 include the following:\n (a) an order requiring a responsible party under subsection 32(2) in relation to the claim to arrange for a permanent incapacity assessment in relation to the employee’s loss or impairment;\n\nOmit “An assessment under section 32 of the percentage of permanent loss or impairment of function, in relation to industrial deafness,”, substitute “A permanent incapacity assessment in relation to industrial deafness”.\n\n (3) Compensation under this Part is not payable in respect of occupational disease contracted by an employee due to the nature of the employee’s employment if, at the time of entering that employment:\n (a) the employee falsely represented to the employer that the employee had not previously suffered a disease of the kind that was contracted; and\n\nOmit “A cardio‑vascular or cerebro‑vascular episode constitutes an episode for the purposes of paragraph 28(1)(e)”, substitute “A cardiovascular or cerebrovascular episode constitutes an episode for the purposes of paragraph (f) of the definition of incapacity in subsection 28(1)”.\n\n (a) the employer is liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition; or\n (b) the employer would have been liable under this Part to pay compensation to, or in respect of, an employee in relation to an injury or condition, but for:\n\n> Note: Under paragraph 32B(2)(a), an employer is not liable to pay lump sum compensation under section 31 in relation to an employee’s permanent incapacity if the assessed degree of loss or impairment is 2% or less.\n\n (2) If the employer was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs incurred by, or on behalf of, the employee relating to medical treatment for the injury or condition, in accordance with subsection (3).\n (c) are to consist of the following costs of medical treatment, to the extent that the treatment is reasonable and appropriate in the circumstances:\n (i) any costs of medical treatment for the injury or condition, whether carried out in Norfolk Island or in another place;\n (ii) the costs of transporting the employee (and if necessary, an escort or escorts for the employee) to and from a place where medical treatment is available;\n (iii) the costs of enabling the employee (and if necessary, an escort or escorts for the employee) to remain in a place where medical treatment is available for the purpose of obtaining that medical treatment;\n (iv) any costs incurred on the employee’s behalf by a person or body other than the employee relating to medical treatment for the employee’s injury or condition (including costs mentioned in subparagraphs (ii) and (iii)); and\n (d) must not exceed the maximum amount, if any, in relation to the medical treatment for the injury or condition, prescribed by rules made for the purposes of this paragraph.\n\nNote: For paragraph (d), the rules may make different provision with respect to different matters or classes of matter, including for example different kinds of treatment and different injuries or conditions: see subsection 33(3A) of the Acts Interpretation Act 1901 of the Commonwealth (as applied by section 8A of the Interpretation Act 1979).\n\n (4) If the employer was not a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition, the employer is liable to pay compensation to, or in respect of, the employee for costs relating to medical treatment for the injury or condition, in accordance with subsection (5).\n (b) are to consist of any or all of the costs of medical treatment mentioned in subparagraphs (3)(c)(i) to (iv), to the extent that the treatment is reasonable and appropriate in the circumstances.\n\n A reference in sections 39 to 40 to an employer’s liability to pay compensation under this Part, or to the full amount of an employer’s liability to pay compensation under this Part, does not include a reference to the employer’s liability to pay:\n (b) in relation to each claim for compensation under this Part made against the employer (other than compensation to which paragraph (a) of this section applies)—an amount equal to the amount (if any) prescribed by the rules for the purposes of this paragraph.\n\n> Note: Paragraph 30(4)(a) applies where an employee is suffering from total incapacity, and requires payment of compensation to the employee in relation to an initial period when the employee is absent from duty.\n\nOmit “by a medical practitioner in accordance with the form prescribed for the purposes of this paragraph”, substitute “given by a registered medical practitioner in the approved form”.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee; and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) The Employment Liaison Officer may, by notice in writing given to the employee, require the employee to undertake a rehabilitation program for the injury or condition, consisting of rehabilitation services for which compensation is, or would be, payable by the employer under subsection 37(2).\n\n> Note: Compensation is payable under subsection 37(2) for the costs of medical treatment (which includes rehabilitation services) incurred by or on behalf of an employee, subject to the conditions set out in subsection 37(3).\n\n (3) If the employee is required under subsection (2) to undertake a rehabilitation program for the injury or condition, and the employee fails without reasonable excuse to begin, or continue with, the program, the employee’s right to compensation under this Act in relation to the injury or condition is suspended until the employee begins, or continues with, the program.\n (5) Any obligation of the Commonwealth under subsection 39A(2) to indemnify the current employer in relation to the claim for compensation is suspended until the current employer takes reasonable steps of the kind referred to in paragraph (4)(b) of this section.\n\n (1) An employer must have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation if:\n (a) the employer is required under subsection (1) to have a policy of insurance or indemnity for the full amount of the employer’s liability under this Part to pay compensation; and\n\n (4) In proceedings against a person (the defendant) for an offence against subsection (2), the following certificates are prima facie evidence of the matters stated in the certificates:\n (a) a certificate that is signed, or purports to be signed, by an employee or agent of an insurer stating that there was not in force, on a specified date, a policy of insurance or indemnity issued by the insurer for the full amount of the defendant’s liability under this Part to pay compensation;\n (b) a certificate that is signed, or purports to be signed, by the Employment Liaison Officer stating either or both of the following:\n (5) To avoid doubt, if subsection 39(1) requires an employer to have a policy of insurance or indemnity with an insurer for the full amount of the employer’s liability under this Part to pay compensation, nothing in this Part prevents the employer from satisfying that requirement (in whole or in part) by jointly entering, with one or more other employers, into a contract of insurance or indemnity with an insurer.\n\n (1) The Commonwealth Minister may establish a scheme to indemnify employers for their liability under this Part to pay compensation.\n (2) The Commonwealth must indemnify an employer for the full amount of the employer’s liability under this Part to pay compensation, if the employer was a member of a public scheme at the time of the events giving rise to the employer’s liability.\n (3) The Commonwealth’s obligation under subsection (2) to indemnify an employer only covers the employer’s liability to pay compensation under this Part as assessed in accordance with information:\n (a) given by the employer as required under subsection 39B(2) (information to be included with application to join a public scheme); or\n (b) given by the employer as required under subsection 39B(10) (information relevant to the management or control of a public scheme).\n\n (a) include any information that the Employment Liaison Officer requires, in writing, to be included with an application; and\n (7) In working out the membership fees for an employer in accordance with rules made for the purposes of subsection (5), the Employment Liaison Officer may have regard to:\n (a) any information provided by the employer to the Employment Liaison Officer (whether under subsection (10) or otherwise); and\n (10) The Employment Liaison Officer may, by written notice, require an employer who is a member of a public scheme to do any of the following:\n (a) provide specified information that is relevant to the management and control of the public scheme, including information relevant to determining membership fees for the scheme;\n (a) the employer does not pay the employer’s membership fees for the scheme within a reasonable period after the day when those fees are payable (as determined under subsection (9)); or\n (b) the employer fails to comply with a requirement under subsection (10) to provide specified information by a specified time.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\nOmit “and the liability is not a liability referred to in subsection 39(11), the Administration is liable to pay the compensation as if the Administration”, substitute “the Commonwealth is liable to pay the compensation as if the Commonwealth”.\n\nOmit “prescribed for the purposes of subsection 39(2)”, substitute “prescribed by the rules for the purposes of paragraph 39(1)(b)”.\n\n (1) On 1 July 2021 and each later 1 July (an indexation day), if the indexation factor for the indexation day is greater than 1, this Act has effect as if each compensation amount were substituted by the amount worked out using the formula:\n ![Start formula Indexation factor for the indexation day times Compensation amount immediately before the indexation day end formula](image.002.png)\n ![Start formula start fraction Index number for the reference quarter over Index number for the base quarter end fraction end formula](image.003.png)\n\n> index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.\n\n (b) using only the index numbers published in terms of the most recently published index reference period for the Consumer Price Index; and\n (c) disregarding index numbers published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).\n (a) in respect of periodical compensation—on and after the first payment date for the compensation occurring after the indexation day; or\n (b) in respect of lump sum compensation—in respect of any payment of lump sum compensation made after the indexation day.\n (6) As soon as practicable after the day on which the Australian Statistician publishes the index number for a March quarter, the Employment Liaison Officer must:\n (a) ascertain whether any amounts will be substituted under subsection (1) on the indexation day immediately after the end of the quarter; and\n\n (a) a claim for compensation is made under section 37A by a person (the claimant) in relation to an injury or condition of, or the death of, an employee (the relevant employee); and\n (b) the relevant employee was employed by a person or entity (the relevant employer) at the time of the events (the relevant events) giving rise to, or contributing to, the relevant employee’s injury, condition or death; and\n\n> Note: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (2) If the Employment Liaison Officer reasonably believes that the claimant or the relevant employer has information relevant to the claim for compensation, the Employment Liaison Officer may, by written notice given to the claimant or the relevant employer (as the case may be), require that information to be provided to the Employment Liaison Officer:\n (3) If the claimant fails, without reasonable excuse, to comply with a notice under subsection (2), any right of the claimant to compensation under this Act in relation to the injury, condition or death is suspended until the claimant complies with the notice.\n then any obligation of the Commonwealth under subsection 39A(2) to indemnify the relevant employer in relation to the claim is suspended until the relevant employer complies with the notice.\n\n (a) an employee makes a claim for compensation under section 37A in relation to an injury or condition of the employee, other than a claim for compensation payable under section 31 (which deals with compensation for permanent incapacity); and\n (i) an employer, or former employer, of the employee who was a member of a public scheme at the time of the events giving rise to, or contributing to, the injury or condition; or\n\n> Note 1: For medical assessments (known as permanent incapacity assessments) in relation to claims for compensation under section 31, see sections 32 to 32C.\n\n> Note 2: A claim for compensation will usually be made against an employer, or former employer, of an employee. However, the claim may be made against the Commonwealth under section 40 (if the employer is not insured or indemnified) or section 41 (if the employer ceases to exist).\n\n (a) make reasonable arrangements for a registered medical practitioner to undertake a medical examination (an independent medical examination) of the employee in relation to the injury or condition to which this section applies; and\n (b) give reasonable written notice to the employee requiring the employee to attend for the independent medical examination in accordance with the arrangements.\n (3) The notice under paragraph (2)(b) must include a statement about how the employee may obtain a copy of the report of the assessment under section 47C.\n (4) The Employment Liaison Officer must pay the costs of an independent medical examination on behalf of the Commonwealth.\n (5) The costs of an independent medical examination of an employee include any reasonable costs associated with travel by the employee (and if necessary, an escort or escorts for the employee) to and from the place where the assessment is to take place.\n (6) An employee must not be required to undergo an examination under this section at more frequent intervals than are prescribed by rules made for the purposes of this subsection.\n\n (1) An employee’s right to compensation in relation to an injury or condition to which section 47A applies is suspended if the employee fails, without reasonable excuse, to comply with a notice to attend for an independent medical examination given to the employee under subsection 47A(2) in relation to that injury or condition.\n (2) If an employee’s right to compensation in relation to an injury or condition is suspended under subsection (1), the suspension continues until:\n (a) the Employment Liaison Officer gives the employee a new notice under subsection 47A(2) setting out new arrangements for an independent medical examination in relation to the injury or condition; and\n\n (1) A person who undertakes an independent medical examination of an employee in relation to a claim for compensation under section 37A must, as soon as practicable after concluding the assessment, give a written report of the examination to the Employment Liaison Officer.\n (2) An employee who undergoes an independent medical examination may request a copy of the report mentioned in subsection (1) from the Employment Liaison Officer.\n (3) The Employment Liaison Officer must comply with a request under subsection (2) within 7 days after the later of the following days:\n\n (1) The Employment Liaison officer is responsible for the management and control of any public scheme established under subsection 39A(1).\n (2) The responsibilities of the Employment Liaison Officer referred to in subsection (1) include (without limitation) the following:\n (b) assessing claims for compensation made against employers who are members of a public scheme, for the purposes of determining the Commonwealth’s liabilities under the scheme;\n (3) The Employment Liaison Officer may, in writing, approve a person, policy or form, or any other thing, for the purposes of a provision of this Act.\n (4) The Employment Liaison Officer has such other functions and powers as are conferred on the Employment Liaison Officer by or under this Act, including any functions and powers delegated to the Employment Liaison Officer by the Commonwealth Minister under this Act.\n (5) The Commonwealth Minister may, by notifiable instrument, give directions to the Employment Liaison Officer in relation to the performance and exercise of the Employment Liaison Officer’s functions and powers under this Act.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department as the Employment Liaison Officer.\n\n The Commonwealth Minister may, by written instrument, appoint an SES employee, or acting SES employee, in the Department to act as the Employment Liaison Officer:\n\n (1) Subject to subsections (2) and (3), the Employment Liaison Officer may, in writing, delegate any or all of the Employment Liaison Officer’s functions or powers under this Act to any of the following:\n (b) an APS employee who holds, or performs the duties of, an Executive Level 1 position, or an equivalent or higher position;\n (c) an individual who holds, or performs the duties of, an office or position in a body that is a part of the Commonwealth, or an authority of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an APS employee classified at Executive Level 1;\n (2) The Employment Liaison Officer must not delegate a function or power to a person unless the Employment Liaison Officer is satisfied that the person has appropriate qualifications or expertise to perform the function or exercise the power.\n (4) In performing a function or exercising a power delegated under subsection (1), a delegate must comply with any written directions of the Employment Liaison Officer.\n\n (2) An employer must keep such records as are prescribed by the rules for the purposes of this subsection, for such period as is so prescribed, relating to the safety and health of employees of the employer.\n\n (2) The Chief Executive Officer may give directions to an inspector in relation to the performance and exercise of the inspector’s functions and powers under this Part.\n\n (1) A person or entity covered by subsection (2) may apply to the Employment Liaison Officer for an internal review of a matter arising under Part 3 that affects the interests of the person or entity.\n (a) a person who has made a claim for compensation under section 37A in relation to an injury, condition or death, but only if the person who suffered the injury or condition, or who died, was employed by an employer who was a member of a public scheme at the time of events giving rise to, or contributing to, the injury, condition or death;\n (a) within 30 days after the day on which the matter arises (for example, by the making of a decision by the Employment Liaison Officer in relation to the matter); or\n\n (1) On receiving an application under section 65 for an internal review of a matter, the Employment Liaison Officer must:\n (2) However, if the matter relates to a claim (the primary claim) for compensation under section 37A, the matter must not be reviewed by a person who has been involved in dealing with:\n (b) a claim, by a member or former member of a public scheme, to be indemnified by the Commonwealth under subsection 39A(2) in relation to the primary claim.\n\n> Note: This subsection applies to the Employment Liaison Officer personally as well as to a delegate of the Employment Liaison Officer.\n\n (1) If an application has been made under section 65 for an internal review of a matter, the internal reviewer must make a written determination in relation to the matter within the period prescribed by rules made for the purposes of this subsection.\n (2) As soon as practicable after making the determination, the internal reviewer must give written notice of the determination to:\n (c) explain the effect of section 82 (which deals with when, and how, an application may be made to the Tribunal for an inquiry into a matter).\n\n (1) The Court of Petty Sessions has jurisdiction to exercise and perform the powers, duties, functions and authorities conferred or imposed on the Court by:\n\n> Note: The Court of Petty Sessions has a separate jurisdiction under section 56 (stop work and improvement notices) to review requirements in notices given under that section.\n\n (b) if the person or entity is the Employment Liaison Officer—a matter arising under Part 3 that affects the interests of the Commonwealth.\n (3) Subsections (4) and (5) apply if a person or entity (the interested party) may apply to the Employment Liaison Officer under section 65 for an internal review of a matter (the relevant matter) relating to a claim for compensation under section 37A.\n (4) The interested party is not entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter unless:\n (a) the interested party has made an application (the internal review application) under section 65 for an internal review of the relevant matter; and\n (i) the interested party has received notice in accordance with 67 of a determination by the internal reviewer in relation to the relevant matter, but the interested party remains aggrieved in relation to the matter; or\n (ii) if the interested party has not received such a notice—the period prescribed in relation to the internal review application, by rules made for the purposes of subsection 67(1), has expired.\n (5) If the interested party is entitled to apply to the Tribunal under subsection (1) for an inquiry into the relevant matter because subparagraph (4)(b)(i) applies, such an application by the interested party under subsection (1) must:\n (i) the period of 7 days beginning on the day after the day on which the interested party received the notice of the determination by the internal reviewer referred to in subparagraph (4)(b)(i); or\n\n (1) The Secretary must, as soon as practicable after receipt of an application under section 82 for an inquiry into a matter, inform a member of the Tribunal of the application.\n\n (2) If the Tribunal considers that it is appropriate to do so, the Tribunal may allow a person or entity who is not an eligible party in relation to the inquiry to do either or both of the following:\n (3) If an eligible party who has been given notice of the inquiry in accordance with subsection 82AA(5) fails to attend at the time and place specified for the inquiry, the Tribunal may proceed in the absence of that party.\n (5) If, in the opinion of the Tribunal, the total value of all of the entitlements under this Act that are at issue in the inquiry is likely to be less than $1,000, the Tribunal may refuse to allow any eligible party in relation to the inquiry to be represented at the inquiry by a legal practitioner.\n (b) an eligible party that is a body corporate from appearing by a director, secretary or agent of the body corporate who is a legal practitioner.\n\n (a) must, as soon as practicable after making its determination, give notice of the determination, together with a copy of the determination, to each eligible party in relation to the inquiry; and\n\n (5) If the Tribunal makes an order in an inquiry, the Tribunal must, as soon as practicable after making the order, give notice of the order, together with a copy of the order, to:\n (5A) A person or entity who has been given notice of a determination or order by the Tribunal may request the Tribunal to give written reasons for the determination or order. The Tribunal must provide those reasons within the period of 7 days beginning on the day on which the Tribunal receives the request.\n\n (11) If the Tribunal is required to give a person or entity notice of a determination or order of the Tribunal, the Tribunal must also give the person or entity a written or oral explanation of the effect of sections 91 and 92 (which deal with when, and how, an appeal may be made to the Supreme Court from a determination or order of the Tribunal).\n\n (1) A person to whom notice of a determination or order of the Tribunal is given under section 85 may, within 14 days after the notice is given, institute an appeal to the Supreme Court from the determination or order.\n\n> Note: This section restricts the Commonwealth Minister’s power of delegation under clause 10 of Schedule 1 to the Interpretation Act 1979.\n\n The Electronic Transactions Act applies in relation to this Act as if a reference in the Electronic Transactions Act to a law of the Commonwealth included a reference to this Act.\n\n (a) if the document is in the form of an electronic communication within the meaning of the Electronic Transactions Act—the time of receipt of that communication as provided by section 14A of that Act;\n\n> Note: For a requirement or permission under a law of the Commonwealth to produce a document in electronic form, see section 11 of the Electronic Transactions Act and section 97A of this Act.”.\n\n (1) A person covered by subsection (2) is not liable in civil proceedings for or in relation to anything done, or omitted to be done, in good faith in the performance or exercise, or purported performance or exercise, of a function or power under this Act.\n\nAdd:\n\n (4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:\n\n> executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).\n\n (c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.\n\n (2) If the Commonwealth Minister is satisfied (because of a proposal by the executive member under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:\n (d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.\n\nOmit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.\n\nOmit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.\n\nOmit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.\n\n (2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.\n\n (2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).\n (b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).\n\nAfter “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.\n\nOmit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.\n\n (c) a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).\n\nOmit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.\n\n (b) if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

\n```\n\n| 7 | Interim apprehended violence order | Either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | ---------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |\n| 8 | Final apprehended violence order | In the last 5 years, either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n| 3 | Firearms permit—interim apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), either:(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a). |\n| --- | -------------------------------------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |\n| 4 | Firearms permit—final apprehended violence order | In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);unless an appeal against the making of the order was upheld. |\n\nOmit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.\n\n (a) if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or\n\n (1A) The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.\n\n (b) is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;\n\nAdd:\n\n| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |\n| --- | ----------------------------------------------------------------------------------------------------------------------------------------------------- |\n\n> Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).\n\n (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;\n the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.\n (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.\n\n (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:\n\n> Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.\n\n (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.\n\n> Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.\n\n> Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).\n\n (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.\n\n (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:\n\n (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and\n (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.\n (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and\n (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).\n (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and\n (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.\n\n (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n> Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.\n\n (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or\n (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and\n\n> Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.\n\n (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and\n\n The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.\n\n (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:\n\n (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.\n (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.\n (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\n (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:\n\n> Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).\n\n (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.\n (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.\n (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\nAdd:\n\n> Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n> Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.\n\nOmit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.\n\nAdd:\n\nAdd:\n\n On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.\n\n (3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.\n\nAdd:\n\n (5) Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.\n\n (1) The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:\n (c) development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;\n\n (1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.\n\n> Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.\n\n (2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:\n (a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;\n\n> Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.\n\n (3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and\n\n#### 8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or\n (c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.\n\n (1) To the extent that an enactment is extended in its operation to a law of New South Wales as in force in the Territory, the operation of the enactment is also extended in its application to a law of Queensland as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth and any other law of Queensland applied, adopted or incorporated by a legislative instrument made under that Act as in force in the Territory.\n\n To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:\n (b) an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland; or\n (c) an officer or employee of an authority (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth) of Queensland;\n to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement between the Commonwealth and Queensland for the delivery of services to Norfolk Island.\n\nOmit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.\n\nAdd:\n\n> Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.\n\n> Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.\n\n (a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and\n\n (a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or\n and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n (b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or\n (c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.\n\n> Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.\n\n> Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.\n\n> Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).\n\n> public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.\n\n> territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:\n\n (a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or\n\n (a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or\n (b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).\n\n#### 12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.\n\n (1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n (4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.\n\n For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.\n\n In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:\n\n (1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.\n\n The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.\n (3) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.\n (4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:\n (a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or\n (b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.\n (5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.\n\nOmit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.\n\nOmit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.\n\nOmit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.\n\nAdd:\n\n (1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.\n\n (1) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)(NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.\n\n (2) A reference in an enactment to the short title of an Act of Queensland, or to the name of an instrument made under such an Act, followed by “(Qld)” is a reference to the Act or instrument as in force in Queensland from time to time.\n\n (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an enactment as described in a paragraph of subsection (2) indicates:\n (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or\n (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.\n (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.\n\n (2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.\n\n> Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.\n\n (4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.\n (5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.\n (6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.\n (a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and\n (b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;\n the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.\n (8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:\n (ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or\n\n The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.\n\n To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.\n\n (1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:\n (4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).\n (5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and\n (b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;\n\n> Note: the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.\n\n (6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.\n\n> Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.\n\n by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and\n (2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.\n\n If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.\n\n> Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.\n\n (b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:\n\n (b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.\n (2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.\n\n (1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:\n (a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;\n\n> Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.\n\n> Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.\n\n the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.\n\n (1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:\n (f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.\n (2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).\n (3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.\n\n (1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.\n (2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.\n (3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:\n (a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and\n (b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.\n\n (1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.\n\n> Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.\n\n (2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.\n (3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.\n\n (a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and\n (i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or\n (ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).\n\nOmit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.\n\n (a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and\n (3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).\n\n (2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.\n\n The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:\n\n> Note: Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).\n\nAdd “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.\n\nAdd “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.\n\n (aa) the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);\n\nOmit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.\n\nOmit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.\n\nOmit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.\n\nOmit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.\n\nOmit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.\n\nAdd:\n\nOmit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.\n\n (1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.\n (1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.\n\nOmit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.\n\nAdd:\n\n (i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

\n```\n\nOmit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.\n\n

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

\n```\n\n> health profession means the following professions, and includes a recognised specialty in any of the following professions:\n\n (d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);\n\n (a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or\n (b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.\n\n> registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).\n\n (b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.\n\n (b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.\n\nOmit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.\n\nOmit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.\n\nOmit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.\n\n> Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).\n\n> Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).\n\n> Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.\n\n The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.\n\n (1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.\n\nAdd:\n\n> Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.\n (a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n (1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:\n\n (1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:\n (2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.\n\n (1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.\n (2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:\n (a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).\n\n

Further amendments

Item

Provision

Omit

Substitute

1

Part 2 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

2

Subsections 6(2) to (4)

Enterprise

Norfolk Island Health and Residential Aged Care Service

3

Section 7 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

4

Section 7

Enterprise

Norfolk Island Health and Residential Aged Care Service

5

Paragraph 7(a)

Hospital

Norfolk Island Health and Residential Aged Care Service Facility

6

Section 8 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

7

Section 8

Enterprise must

Norfolk Island Health and Residential Aged Care Service must

8

Section 9 (heading)

Enterprise

Norfolk Island Health and Residential Aged Care Service

9

Subsections 9(1) and (2)

Enterprise (wherever occurring)

Norfolk Island Health and Residential Aged Care Service

10

Part 4 (heading)

HOSPITAL ENTERPRISE

HEALTH AND RESIDENTIAL AGED CARE SERVICE

11

Section 20 (heading)

Director

Manager

12

Subsection 20(2)

Director

Manager

13

Subsection 20(2)

Enterprise

Norfolk Island Health and Residential Aged Care Service

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

\n```\n\nOmit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\nAdd:\n\nOmit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

\n```\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

\n```\n\n If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.\n\n> registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).\n\n> ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.\n\n> approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).\n\n> approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).\n\n> declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.\n\n> prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:\n\n> significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.\n\n (1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.\n (2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.\n\nOmit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.\n\n (2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).\n (3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.\n\n (2) An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.\n\n (1) An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n (1) The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.\n (2) After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.\n (3) If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.\n (4) Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.\n\n (ii) if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and\n (9) Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.\n (10) To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.\n\n (b) the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.\n (2) In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.\n\n (1) As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.\n (c) an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.\n\n (1) The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).\n (2) As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.\n\n#### 30 Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\nAfter “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\nAdd:\n\n (a) a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and\n (b) the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.\n (2) Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.\n\n> Note: If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).\n\n## 44A Development activity of more than one type\n\n (c) a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n (c) a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and\n (d) this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.\n\n> Note: If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.\n\n## 44B Notice of application for declared significant developments and ancillary projects to be displayed on land\n\n (1) As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:\n (3) The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.\n (4) A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.\n\n## 44C Publication of notice of a development application for declared significant development or ancillary project\n\n (1) The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.\n (b) an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and\n (c) a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.\n (3) An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.\n\n## 44D Processing development applications after notice\n\n (1) After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.\n (a) conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and\n (b) a condition requiring the provision of performance security for failure to comply with the conditions of the approval.\n (5) An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.\n (6) The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.\n\nAfter “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nOmit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.\n\n (b) if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and\n (c) if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.\n\nAfter “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.\n\nAdd:\n\n## 50A When development approval for declared significant development or ancillary project takes effect\n\n A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.\n\nAdd:\n\n (b) at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.\n\n## 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\n#### 56 Processing development approval modification applications for permitted use or development, declared significant development or ancillary project\n\nAfter “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.\n\n## 61 Revocation of approval\n\n## 61A Revocation of approval for declared significant development or ancillary project\n\n (1) The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:\n (2) As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.\n\n## 67 Ministerial approval after public consultation\n\n (1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.\n (2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.\n (a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and\n\nOmit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.\n\nAdd “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.\n\nOmit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.\n\nAfter “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.\n\n (aa) an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or\n\nOmit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.\n\n (ba) a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or\n\n## 99A Approved fees not payable by Commonwealth etc.\n\n Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.\n\n## Part 3A Significant developments\n\n## 15A Types of significant development\n\n## 15B Processing application for declaration in relation to significant development\n\n The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.\n\nAdd:\n\n (2) The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.\n\n## 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n#### 19 Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n (iii) if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.\n\n## 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n#### 22 Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project\n\n## 24A Processing development applications for declared significant development or ancillary project\n\n The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:\n (a) a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and\n (b) consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and\n\n## 25 Notice to applicant of determination of development application\n\n## 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\n#### 26 Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project\n\nOmit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.\n\nOmit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.\n\n> dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.\n\nOmit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.\n\n## 9 Approved fees for impounded stock\n\nOmit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Section 2 (paragraph (a) of the definition of ranger)

Minister

Chief Executive Officer

2

Subsections 3(1) and (2)

Minister

Chief Executive Officer

3

Paragraph 21(c)

Minister

Chief Executive Officer

\n```\n\n (4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.\n\nOmit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.\n\n (4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.\n\n (9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.\n\n (4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.\n\n## 14 Making\n\n At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.\n\n (2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.\n\n## 36C Burial fees\n\nOmit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 11

Minister

Chief Executive Officer

2

Subsection 16(1)

Minister

Chief Executive Officer

3

Section 17

Minister

Chief Executive Officer

4

Subsection 19(1)

Minister

Chief Executive Officer

5

Section 22

Minister

Chief Executive Officer

6

Subsections 24(1) and (2)

Minister

Chief Executive Officer

\n```\n\n> corresponding law means a law of a State or another Territory that provides for the registration of births, deaths and marriages.\n\nOmit “person who is registered as a medical practitioner under a law of a State”, substitute “registered medical practitioner within the meaning of the Health Practitioners Act 1983”.\n\n## 7A Requirement by Registrar for information to be verified by statutory declaration\n\n The Registrar may require that information (however described) required or permitted by this Act to be given to the Registrar be verified by statutory declaration.\n\nAdd:\n\n (6) This Act applies in relation to the instruments deposited under section 20 or 21 as if they were entries in the Register of Changes of Name.\n\nAdd:\n\n (5) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (4).\n\n (b) if the person is not a parent of the child—that the parents of the child were not prevented, by their death, inability or absence from the Territory, from complying with that subsection.\n\nAdd:\n\n## 17A Details of person furnishing particulars to be given to Registrar\n\n A person who furnishes to the Registrar particulars under section 12, 13, 14, 15 or 16 must also give the following to the Registrar with the particulars:\n\n## 22 Certified copies of entry in Register of Births to include any particulars of change of name in entry\n\n (5A) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar of applications made under other provisions of this section.\n\nOmit “person registered as a medical practitioner under a law of another State or country corresponding to the Medical Practitioners Registration Act 1983”, substitute “medical practitioner and a person registered as a medical practitioner under a law of a foreign country corresponding to the Health Practitioners Act 1983”.\n\nOmit “in accordance with the form prescribed by regulation, relating to the birth, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the child, as required by paragraph 24(1)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation, signed by him”, substitute “signed by the person, stating that the body was disposed of and, if possible, identifying the mother of the child”.\n\n## Part 3A Registration of changes of name\n\n## 25A Change of name by registration\n\n## 25B Application to register change of adult’s name\n\n (1) A person, who is at least 18 years old or is or has been married, may apply to the Registrar for registration of a change of the person’s name if:\n\n## 25C Application to register change of child’s name\n\n (1) The parents of a child who is under 18 years old and has never been married may apply to the Registrar for registration of a change of the child’s name if:\n (c) the other surviving parent of the child cannot be found or for some other reason cannot exercise parental responsibilities to the child.\n (3) If the parents of a child who is under 18 years old and has never been married are dead, cannot be found or for some other reason cannot exercise their parental responsibilities to the child, the child’s guardian may apply for registration of a change of the child’s name.\n\n## 25D Child’s consent to change of name\n\n## 25E Registration of change of name\n\n (1) Before registering a change of name under this Part, the Registrar may require the applicant to provide evidence to establish to the Registrar’s satisfaction:\n (2) If the Registrar is satisfied that the name of a person whose birth is registered in the Register of Births has been changed under another law (including a law of the Commonwealth, a State or another Territory) or by order of a court (including a court of the Commonwealth, a State or another Territory), the change of name may be registered under this Part.\n (3) The Registrar may refuse to register a change of name if, as a result of the change, the name would become a prohibited name.\n (4) Applications may be made to the Administrative Review Tribunal for review of refusals by the Registrar under subsection (3).\n\n## 25F Entries to be made in the Register of Changes of Name\n\n (1) The Registrar registers a change of name by making an entry about the change of name in the Register of Changes of Name.\n (a) if the birth of the person whose name has been changed is registered in the Register of Births—enter particulars of the change of name in the entry in the Register of Births relating to the birth; or\n (b) if the birth of the person whose name has been changed is registered under a corresponding law—notify the relevant registering authority of the change of name.\n\n## 25G Change of name may still be established by repute or usage\n\nAdd:\n\n (3) The particulars required to be entered in the Register of Deaths in relation to a person and the person’s death are as follows:\n\n> Note: Section 32 (about deaths reported to the Coroner) may affect whether the cause of the person’s death is included in the entry in the Register of Deaths.\n\nAdd:\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner”, substitute “signed by a medical practitioner, that the practitioner has signed a certificate, relating to the death of the person whose body is to be buried, as required by paragraph 34(1)(a) or (2)(a)”.\n\nOmit “, in accordance with the form prescribed by regulation”, substitute “stating that the body was buried, where it was buried and, if known, the name of the person whose body it was”.\n\nOmit “in accordance with the form prescribed by regulation, signed by a medical practitioner;”, substitute “signed by a medical practitioner, that the practitioner has complied with section 34; or”.\n\nOmit “by the Coroner, in accordance with the form prescribed by regulation”, substitute “given by the Coroner under subsection 33(2)”.\n\nOmit “, in accordance with the form prescribed by regulation,”, substitute “that the Registrar has sufficient particulars to be able to make an entry in the Register of Deaths;”.\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\nOmit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.\n\nOmit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.\n\nAdd:\n\n (4) In sentencing an offender for an offence against Part 3.6, 3.7 or 3.10 of the Criminal Code 2007, the court must not under paragraphs (2)(f) and (g) of this section have regard to the offender’s good character as a mitigating factor if:\n (a) the offence was committed against a person who was under 16 years old at the time the offender engaged in the conduct constituting the offence; and\n\n## 16 Additional power to fine\n\n a court may, in addition to or instead of sentencing the offender to a term of imprisonment, impose a fine not exceeding the product obtained by multiplying 50 penalty units by:\n\n## 16A Corporate multiplier for fines\n\n If a body corporate is convicted of an offence against a law in force in Norfolk Island, a court may, if the contrary intention does not appear and the court thinks fit, impose a fine not exceeding an amount equal to 5 times the amount of the maximum fine that could be imposed by the court on a natural person convicted of the same offence.\n\n if:\n (b) if any of the offences for which the offender is being sentenced is a violent offence or an offence committed under paragraph 87(2)(aa) (choking, suffocating or strangling another person) of the Criminal Code 2007—the offence was not committed against a person with whom the offender would likely reside under the order; and\n (i) that the offender is unlikely to commit a sexual offence or a violent offence while the order would be in force (whether or not the offender has previously committed offences of that nature); and\n\n (1) Subject to this section, where a court (the sentencing court) is sentencing an offender to be imprisoned for life for the crime of murder, the court must fix a period during which the offender is not eligible to be released on parole of:\n\n (9A) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n\n## 92 Non‑parole periods for other offences\n\n (1) This section applies if a court (the sentencing court) is sentencing an offender to be imprisoned for life, or for a term of at least 12 months, for an offence, unless:\n\n> Note 1: See section 91 in relation to non‑parole periods for offenders sentenced to be imprisoned for life for the crime of murder.\n\n (2) The sentencing court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n (4) If the offender is being sentenced to be imprisoned for more than one offence, the sentencing court must fix one non‑parole period in relation to all of the sentences.\n (5) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n## 93 Offenders already imprisoned when sentenced\n\n (i) the offender is serving a non‑parole period (the existing non‑parole period) fixed in relation to the sentence for the offence; or\n (c) a court (the sentencing court) is sentencing the offender to be imprisoned for life, or for a term of at least 12 months, for another offence (the further sentence); and\n (2) If the offender is serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (e) fix a new period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (f) if the court decides that a non‑parole period is not appropriate—cancel the existing non‑parole period and refuse to fix a new non‑parole period.\n (3) If, under paragraph (2)(e), the sentencing court fixes a new non‑parole period, it is to be treated as having superseded the existing non‑parole period.\n (4) If the offender is not serving a non‑parole period, the sentencing court must, after considering the relevant circumstances, including:\n (c) fix a period during which the offender is not eligible to be released on parole in relation to all of the sentences under this Act the offender is to serve;\n (5) A non‑parole period confirmed or fixed under subsection (2) or (4) must not be such as to allow the offender to be released on parole:\n (a) earlier than the offender could have been released (on parole or otherwise) if the further sentence were not imposed; or\n (b) if the sentencing court is sentencing the offender to imprisonment for life for the crime of murder—earlier than would have been the case if the non‑parole period were being fixed under section 91.\n (7) The failure of the sentencing court to comply with this section does not invalidate the sentence imposed on the offender.\n\n## 94 Fixing of non‑parole period for sentences imposed before commencement\n\n (a) before the commencement of this section, a court sentenced an offender under this Act to be imprisoned for life, or for a term of at least 12 months, for an offence; and\n (2) On application by the offender or a prosecutor, a court must fix a period during which the offender is not eligible to be released on parole unless the court considers that any of the following make it inappropriate to fix such a period:\n\nOmit “an Act, including this Act, or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\n of:\n\nOmit “an Act or an instrument of a legislative or administrative character”, substitute “a law in force in Norfolk Island”.\n\nOmit “an Act or a provision of an Act that has been repealed or an instrument of a legislative or administrative character or a provision of such an instrument”, substitute “a law that was in force in Norfolk Island, or a provision of such a law,”.\n\nOmit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.\n\nOmit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Sections 3 and 4

Minister

Chief Executive Officer

2

Subsection 6(1)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsection 8(1)

Minister

Chief Executive Officer

5

Sections 9 and 11

Minister

Chief Executive Officer

6

Subsections 12(1) and (2)

Minister

Chief Executive Officer

\n```\n\nOmit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.\n\n (5A) Where, in a law of the State of Queensland in its application to the Territory, a power or function is expressed to be vested in the Supreme Court of Queensland, or a Judge of that Court, that power or function shall, in relation to the Territory, be vested in the Supreme Court or a Judge, as the case may be.\n\nAdd:\n\n> continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.\n\n## 33A Appeals against sentence by Commonwealth Attorney‑General or Director of Public Prosecutions\n\n The Attorney‑General of the Commonwealth or the Director of Public Prosecutions of the Commonwealth may, with the leave of the Full Court of the Federal Court of Australia, appeal to that Court against the sentence passed in relation to a person’s conviction on indictment before the Supreme Court.\n\n## Part 2 Ownership\n\n## 28 Approved fees for telecommunications services\n\n The approved fees are payable for telecommunications services provided in accordance with this Act, including for basic carriage services.\n\nAdd:\n\n ; or (d) the interception of a communication because of a request made, or purporting to be made, under subsection 54A(2) or (4).\n\nAdd:\n\n (3) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (4) Subsection (1) does not apply to, or in relation to, an act done by a member of the Police Force in relation to a communication if all of the following conditions are satisfied:\n (b) there are reasonable grounds for believing that that person is likely to receive a communication from a person who has:\n (iii) threatened to take his or her own life or to do an act that would or may endanger his or her own life or create a serious threat to his or her health or safety;\n (c) because of the urgency of the need for the act to be done, it is not reasonably practicable for an application for a warrant to be made.\n (5) As soon as practicable after the doing of an act in relation to a communication under subsection (3) or (4), a member of the Police Force concerned with the communication must apply for a warrant in relation to the matter.\n (7) If a Judge does not issue a warrant in relation to an application made in relation to a matter arising under subsection (3) or (4), the officer in charge must ensure that no further action is taken by the Police Force to intercept the communication or to cause it to be intercepted.\n (8) The doing of an act mentioned in subparagraph (3)(b)(ii) or (iii) or (4)(b)(ii) or (iii) in a particular case is taken to constitute an eligible offence, even if it would not constitute an eligible offence apart from this subsection.\n\n> Note: See paragraph 51(1)(d) and subsection 52(6). A warrant can only be issued for the purposes of an investigation relating to the commission of an eligible offence.\n\nAdd:\n\n## 54A Emergency requests\n\n (b) as a result of information conveyed by another party to the communication (the caller) and of any other matters, the person forms the honest belief that either of the following emergencies exist:\n (2) The person may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the person is:\n (3) If the person is not a member of the Police Force, the person may inform, or cause another person to inform, a member of the Police Force of the matters referred to in paragraphs (1)(a), (b) and (c).\n (4) A member of the Police Force may request the Norfolk Island Regional Council to intercept a communication for the purposes of tracing the location of the caller if the member is:\n (5) If, because of a request under subsection (2) or (4), the Norfolk Island Regional Council intercepts a communication for the purpose of tracing the location of a caller, the Council must communicate the location of the caller to:\n (6) A member of the Police Force who makes a request under subsection (2) or (4) must, as soon as practicable after making the request, give, or cause another member of the Police Force to give, written confirmation of the request to the Norfolk Island Regional Council.\n\nOmit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(3)

Minister

Chief Executive Officer

2

Paragraph 5(4)(b)

Minister

Chief Executive Officer

3

Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1)

Minister

Chief Executive Officer

4

Paragraph 26(1)(a)

Minister

Chief Executive Officer

5

Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3)

Minister

Chief Executive Officer

6

Section 30

Minister

Chief Executive Officer

7

Subsection 31A(4)

Minister

Chief Executive Officer

\n```\n\n> breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:\n\n> saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using:\n\nAdd:\n\n (c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or\n\nAdd:\n\n (8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.\n (9) Despite subsection 8(2) of the Sentencing Act 2007, the reference to convicted in each of paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.\n\nOmit “prescribed registration fee in respect of the vehicle”, substitute “approved fee in respect of the registration of the vehicle”.\n\n (3A) An offence against subsection 15(3) committed by the holder of a provisional licence is punishable, on conviction, by:\n (3B) An offence against subsection 15(3) committed by the holder of a recognised provisional licence is punishable, on conviction, by:\n (a) for an offence against paragraph 15(3)(a) or (c)—cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; or\n (i) cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months;\n\n (c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;\n\n (ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months.\n\nAdd “, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject”.\n\n (ii) for a subsequent offence, if the person holds a provisional licence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months; and\n (iii) for a subsequent offence, if the person holds a recognised provisional licence—not less than 1 or more than 5 penalty units, cancellation of the operation of the licence in Norfolk Island, and disqualification from obtaining a licence for 3 months.\n\n this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain:\n\nOmit “the Government Medical Officer”, substitute “a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n## 19 Registrar’s powers in relation to persons unfit to hold a licence, or disqualified from driving\n\n (ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit; or\n\n## 20 Registrar’s powers in relation to licence holders presenting danger to public\n\nAdd:\n\n (2) For the purposes of serving a notice under subsection (1), the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.\n\n## 22A Special provisions applicable to provisional licences and recognised licences\n\n (a) a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued; and\n (b) the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive;\n then the Registrar is taken to have endorsed that class or description of motor vehicle on the licence under this subsection.\n (2) For the purposes of subsection (1), the description of motor vehicle the holder of a provisional licence or recognised licence may drive extends to:\n (3) For the purposes of subsection 15(1), if a licence is taken to be endorsed under subsection (1) of this section or endorsed under subsection 47(5), the holder of the licence is taken not to be the holder of a licence when driving a motor vehicle unless when driving the vehicle the driver is doing so in accordance with the terms of the endorsement.\n\n## 23A Special provisions applicable to provisional licences and recognised provisional licences\n\n## 23B Special provisions relating to ute tray riding\n\n (1) The Registrar may endorse on a drivers licence a permit for the licence holder to drive a truck or utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar for the purposes of this subsection.\n (2) If the Registrar endorses a permit on a drivers licence under subsection (1), the Registrar must give the licence holder written evidence of the endorsement.\n\nAdd:\n\n## 24A Driving with L or P plates without appropriate licence\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (b) for a subsequent offence—not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.\n\n (iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or\n\n (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and\n (d) a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility\n\n## 32A Power to conduct random breath or saliva testing\n\n (1) A member of the police force may require a person to submit to a breath test, or saliva test, in accordance with the member’s directions if the member has reasonable cause to believe that:\n (b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or\n (c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.\n (2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.\n (3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.\n (4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.\n\n## 32B Arrest following failed breath or saliva test etc.\n\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or\n (i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;\n (ii) the member has reasonable cause to believe that the person is the driver of a truck or utility and another person is occupying the open tray of the truck or utility; or\n (b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or\n (c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member; or\n (d) it appears to the member that the device used by the member to conduct a saliva test under subsection 32A(1) indicates that there may be present in the person’s saliva a drug or psychotropic substance; or\n (e) the person refuses to submit to a saliva test required by a member of the police force under subsection 32A(1) or fails to submit to the saliva test in accordance with the directions of the member.\n (b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;\n (c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7);\n (d) if paragraph (1)(d) or (e) applies—the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, under section 32C.\n\n## 32C Saliva analysis or blood testing following arrest\n\n (1) If a person is detained under paragraph 32B(2)(d), a member of the police force may require the person to undergo a saliva analysis.\n (3) If the analysis indicates that there may be present in the person’s saliva a drug or psychotropic substance, a member of the police force may require the person to have a blood sample taken in accordance with the directions of the member.\n\nOmit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.\n\n (iii) the driver of the truck or utility holds a drivers licence that is endorsed by the Registrar under subsection 23B(1);\n\n## 44L Suspension following refusal to submit to test\n\n## 44M Suspension or disqualification following charge with major driving offence\n\n (1) If a person who holds a licence is charged with a major driving offence, the person’s licence is suspended during the period:\n (2) If a person who does not hold a licence is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period:\n (i) the person drove or attempted to drive a motor vehicle whilst under the influence of a drug or psychotropic substance; or\n\n (5A) A special licence granted to a person who holds a recognised licence, the operation of which in Norfolk Island is cancelled, is subject to any condition, restriction or endorsement to which the recognised licence is subject in Norfolk Island.\n\nAdd:\n\n## 47R Cancellation of operation of recognised licence corresponding to drivers licence\n\n (1) If 12 or more relevant demerit points are recorded in the register in relation to a recognised licence held by a person that corresponds to a drivers licence, the Registrar must send the person a written notice that:\n\n## 47S Cancellation of operation of recognised provisional licence\n\n (1) If 6 or more relevant demerit points are recorded in the register in relation to a recognised provisional licence held by a person, the Registrar must send the person a written notice that:\n\nOmit all of the words after “particular”, substitute “may prescribe fines not exceeding 6 penalty units in respect of a first offence or 12 penalty units in respect of a second or subsequent offence for offences against the regulations”.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), 6(1), 14D(2) and (3), 17(2) and 38A(2) and (4)

Minister

Chief Executive Officer

2

Paragraph 38A(5)(b)

Minister

Chief Executive Officer

3

Subsections 39(2), 44(1), 50(1) and 52B(4)

Minister

Chief Executive Officer

\n```\n\nOmit “unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person”, substitute:\n\n (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and\n\n (3A) If an authorised person who is not the Registrar gives a notice under subregulation (3), the authorised person must:\n\nOmit “applicable prescribed fee for the issue of the authority”, substitute “the approved fee for the issue of the authority or duplicate”.\n\n## 9EA Saliva analysis\n\n (2) If a member of the police detains a person (the detainee) under paragraph 32B(2)(d) of the Act, the member must bring the detainee before an approved person for a saliva sample to be taken.\n (a) analyse the saliva sample using one of the following devices in accordance with the directions of the manufacturer of the device:\n (f) complete a certificate that is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; and\n\n## 9Q Certificates\n\n For the purposes of subsection 32(8) of the Act, a certificate is made and signed in accordance with these Regulations if:\n (a) in the case of a breath analysis under subsection 32(3) of the Act—the certificate is substantially in the form of, and includes the information required by, Form 1 in Schedule 5 in relation to the analysis; or\n (i) the certificate is substantially in the form of, and includes the information required by, Form 1A in Schedule 5 in relation to the analysis; or\n\n (1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.\n\nThis Certificate is given following the administration of a saliva analysis in accordance with the provisions of the Traffic Act 2010 and the Traffic (General) Regulations.\n\nA printout issued or created by the device used for the analysis is the equivalent of this certificate for evidentiary purposes.\n\nI certify that I have administered a saliva analysis in accordance with the Act and the Regulations and that the following particulars are true and correct\n\n(e) The drug or psychotropic substance indicated by the analysis to be present in the person tested was....................\n\nI further certify that the device is a...................and the serial number of the device is...................and that my name is.......................................and that my service number is...................and that I am a person qualified and authorised to operate the device and give this certificate.\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 5 (definition of approved)

Minister

Chief Executive Officer

2

Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3)

Minister

Chief Executive Officer

3

Paragraph 18(2)(d)

Minister

Chief Executive Officer

4

Subsection 19(2)

Minister

Chief Executive Officer

5

Section 20

Minister

Chief Executive Officer

6

Subsection 22(1)

Minister

Chief Executive Officer

7

Section 23

Minister

Chief Executive Officer

8

Subsections 25(1) and (2)

Minister

Chief Executive Officer

9

Section 27

Minister

Chief Executive Officer

\n```\n\nAdd:\n\n (5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.\n\n## 10 Approved fees for waste disposal services\n\n

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 3 (definition of authorised receptacle)

Minister

Chief Executive Officer

2

Subsections 4(1), (2) and (3) and 5(1), (2) and (3)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Subsections 17(3) and 18(1)

Minister

Chief Executive Officer

\n```\n\n## 2A Prescribed vehicles\n\nAdd:\n\n (3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).\n\n> Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.\n\n## 2A Approved fees\n\n The approved fees are payable for services provided in accordance with this Act, including services provided in relation to the connection of premises.\n\nOmit “annual charge payable in relation to the premises, which is not to exceed an amount calculated in accordance with the Schedule”, substitute “approved fee payable in relation to the premises”.\n\n (2) If a house is also substantially used for one or more scheduled purposes, an assessment may be made under section 4 in relation to that purpose or those purposes.\n\n## 7 Recovery of approved fee\n\n (3) The approved fee is payable by the person who is the owner of the premises at the time the fee becomes payable, even if the approved fee was incurred in respect of a period during which the person was not the owner of the premises.\n\n## 1 Schedule purposes\n\n(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.\n\nIf, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.\n\n (a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and\n (b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and\n (c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;\n\nthe Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.\n\nThe amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.\n\n(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.\n\nNote 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.\n\nNote 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.\n\n(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.\n\n(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.\n\n(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:\n\n (a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and\n (ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.\n\n (a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and\n\nThe amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.\n\nDespite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:\n\n (a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and\n (b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and\n (c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.\n\n(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.\n\n(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.\n\nEnterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.\n\n (a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;\n\nDespite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.\n\n(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\ncommencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.\n\nDeputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nDirector means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.\n\nthen the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.\n\nDespite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.\n\nDespite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.\n\nDivision 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017\n\nPart 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.\n\nDespite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:\n\nThe amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.\n\nDivision 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017\n\n(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:\n\n (b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.\n\n(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).\n\nDivision 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017\n\namending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.\n\n (a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or\n (b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).\n\nprosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.\n\nthen the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.\n\n(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.\n\nprosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.\n\nIf, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n\n (a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and\n (b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.\n\n> Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.\n\n(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.\n\nFor the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.\n\nDivision 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017\n\n(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:\n\ncontinues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.\n\n(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.\n\n(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.\n\n(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.\n\n (a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and\n (b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;\n\nthe aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.\n\nDivision 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017\n\n(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.\n\n(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.\n\n(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.\n\n(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.\n\nSubsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).\n\nDivision 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018\n\n(1) Despite the repeal and substitution of paragraph 9(1)(d) of the Bail Act 2005 (Norfolk Island) by this Schedule at the commencement of this item, section 9 of that Act does not apply to an offence against section 42 of the Domestic Violence Act 1995 (Norfolk Island).\n\n(2) Paragraph 25(1)(d) of the Bail Act 2005 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that paragraph to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\nSubparagraph (c)(iv) of the definition of abuse in subsection 33(1) of the Child Welfare Act 2009 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies as if the reference in that subparagraph to a domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to domestic violence, as defined in section 3 of the Domestic Violence Act 1995 (Norfolk Island), occurring before the repeal of that Act by Schedule 2 to this Ordinance.\n\n(1) The Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies subject to this item as follows:\n\n (a) Chapters 6, 6A and 7 apply in relation to proceedings conducted on or after that commencement, even if the proceedings were instituted or partly heard before that commencement;\n\n(2) Section 54 of the Criminal Procedure Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, applies to each of the following as if it were an order described in subsection (1) of that section:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize and detain a firearm for a period;\n (b) an order, that was in force under paragraph 15(6)(a) of the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by Schedule 2 to this Ordinance, to seize a firearm.\n\n(3) Paragraphs 155C(c) and 160B(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(4) The following provisions of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those provisions to section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to section 42 of the Domestic Violence Act 1995 (Norfolk Island):\n\n(5) Subdivision C of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to an audiovisual recording, even if it was made before that commencement.\n\n(6) Paragraphs 168J(1)(b) and (2)(a) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to proceedings instituted before that commencement as if those paragraphs required the copy of the transcript mentioned in those paragraphs to be given to the accused person, or the accused person’s lawyer, as soon as practicable after that commencement.\n\n(7) Paragraphs 169A(2)(c) and 169B(1)(c) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply as if a reference in those paragraphs to the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) included a reference to the Domestic Violence Act 1995 (Norfolk Island).\n\n(8) Subsection 174D(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the copy of the recorded statement mentioned in that subsection to be given to the lawyer representing the accused person as soon as practicable after that commencement.\n\n(9) Subsection 174E(2) of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, applies in relation to proceedings instituted before that commencement as if that subsection required the audio copy of the recorded statement mentioned in that subsection to be given to the accused person as soon as practicable after that commencement.\n\n(10) Subdivisions E and F of Division 2 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to new trial proceedings, even if the new trial was ordered or listed before that commencement.\n\n(11) Subdivisions C and D of Division 3 of Chapter 7 of the Criminal Procedure Act 2007 (Norfolk Island), as inserted by this Schedule at the commencement of this item, apply in relation to a recorded statement, even if it was made before that commencement.\n\n(1) Section 18 of the Evidence Act 2004 (Norfolk Island) does not apply in proceedings for an offence constituted by domestic violence as defined in the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal by this Ordinance (despite the repeal and substitution of paragraph 19(c) of the Evidence Act 2004 (Norfolk Island) by this Schedule).\n\n(2) The definition of prescribed sexual offence in section 181R of the Evidence Act 2004 (Norfolk Island), as in force after its substitution by this Schedule at the commencement of this item, applies as if a reference in that definition to Part 3.6 of the Criminal Code included a reference to the following provisions of the Crimes Act 1900 (NSW) as they applied in Norfolk Island because of the Criminal Law Act 1960 (Norfolk Island):\n\n (b) sections 62 to 81 inclusive, sections 86 to 89 inclusive and sections 91A and 91B, as those sections were in force immediately before the commencement of the Criminal Law Amendment Act 1993 (Norfolk Island).\n\n(1) Item 8 of the table in subsection 16(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 8 of the table in subsection 16(3) of that Act as amended by this Schedule.\n\n(2) Item 4 of the table in subsection 26A(3) of the Firearms and Prohibited Weapons Act 1997 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of item 4 of the table in subsection 26A(3) of that Act as amended by this Schedule.\n\nSubsections 5(4) and 43(1) of the Sentencing Act 2007 (Norfolk Island), as amended by this Schedule at the commencement of this item, apply in relation to the sentencing of an offender on or after that commencement, even if an offence for which the offender is being sentenced was committed before that commencement.\n\n(1) Paragraph 30(1)(a) of the Summary Offences Act 2005 (Norfolk Island), as in force immediately before its repeal by this Schedule, continues to apply despite that repeal. This does not limit the application of paragraph 30(1)(a) of that Act as amended by this Schedule.\n\n(2) Despite the repeal of subparagraphs 30(1)(b)(i) and (ii) of the Summary Offences Act 2005 (Norfolk Island) by this Schedule, those subparagraphs continue to apply in relation to paragraph 30(1)(a) of that Act as it applies because of subitem (1).\n\nDivision 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018\n\namending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.\n\n(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.\n\nExample: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.\n\n(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.\n\n(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.\n\nAnything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.\n\n(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.\n\nSection 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.\n\n(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:\n\n (a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or\n (b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.\n\n(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.\n\n389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)\n\n(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.\n\nThe amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.\n\nDivision 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019\n\nfee provisions means the provisions of enactments that are amended by Part 2 of Schedule 1 to the amending Ordinance, as in force immediately before the commencement time.\n\n(1) The repeal of section 12BA of the Interpretation Act 1979 (Norfolk Island) by the amending Ordinance does not affect the validity at or after the commencement time of anything done before that time.\n\n (a) in the case of services provided for periods beginning, but not ending, before the commencement time in respect of which fees have been charged—services provided after the end of the period; and\n (b) in any other case—services provided on or after the commencement time, including such a service applied for or requested before the commencement time.\n\nThe reference to approved fees in the definition of outstanding amount in section 2 of the Airport Act 1991 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\nThe reference to approved fees in paragraph 49(3)(c) of the Telecommunications Act 1992 (Norfolk Island) as amended by the amending Ordinance is taken to include a reference to any charges incurred under that Act before the commencement time.\n\n(1) This item applies if an enactment is amended by the amending Ordinance to substitute a reference to the Minister with a reference to the Chief Executive Officer.\n\n(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister before that time had been done by or in relation to the Chief Executive Officer.\n\nThe amendments of the definitions of approved form in subsection 3(1) of the Land Administration Fees Act 1996 (Norfolk Island), subsection 3(1) of the Land Titles Act 1996 (Norfolk Island) and subsection 4(1) of the Liquor Act 2005 (Norfolk Island) by the amending Ordinance apply in relation to:\n\n> amended Employment Act means the Employment Act 1988 (Norfolk Island) as amended by the operation of the amending Ordinance.\n\n (a) a provision of the amended Employment Act and a provision of the old Employment Act correspond if each provision deals with the same subject matter with substantially similar effect;\n (b) a power or function exercised or performed by a person for the purposes of the amended Employment Act and a power or function exercised or performed by that person (or another person) for the purposes of the old Employment Act correspond if the powers or functions may be exercised or performed in relation to the same subject matter in a substantially similar way.\n\n(1) The public scheme established before commencement for the purposes of subsection 39(4) of the old Employment Act (the old public scheme) continues in force after commencement as a public scheme (the new public scheme) within the meaning of the amended Employment Act, subject to the amended Employment Act and this Division.\n\n(2) At commencement, all rights and liabilities of the Administration in relation to the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(3) At commencement, any moneys held by the Administration for the purposes of the old public scheme are transferred to the Commonwealth by the operation of this subitem.\n\n(4) To the extent practicable, anything done before commencement for the purposes of the old public scheme, by or under a provision of the old Employment Act, is taken to have been done for the purposes of the new public scheme:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(1) This item applies in relation to a work‑related accident, within the meaning of the amended Employment Act, that occurs, or that starts to occur, before commencement, and that is the subject of:\n\n(2) After commencement, the amended Employment Act applies in relation to the liability of a person (the responsible person) to pay compensation in relation to the work‑related accident.\n\n(3) However, if the operation of subitem (2) would result in the amount of compensation payable (including a nil amount) in relation to the work‑related accident being less than the amount of compensation that would have been payable if the amended Employment Act had not been amended by the amending Ordinance, the responsible person is liable to pay the amount of compensation that would have been so payable.\n\n(4) Subitem (3) does not apply in relation to amendments of the Employment Act made by the amending Ordinance by the operation of which an employee’s right to compensation is suspended.\n\nNote: An employee’s right to compensation may be suspended under the amended Employment Act if the employee fails to attend for a permanent incapacity assessment or an independent medical examination, fails to begin or continue a rehabilitation program or fails to give the Employment Liaison Officer certain information on request.\n\n(5) To the extent practicable, anything done before commencement in relation to a claim for compensation for the work‑related accident, by or under a provision of the old Employment Act, is taken to have been done in relation to that claim:\n\n (b) if the thing was done by a person in the exercise of a power, or the performance of a function, under or for the purposes of the old Employment Act—by a person (whether or not the same person) who has a corresponding power or function under the amended Employment Act.\n\n(6) Subitem (5) does not apply in relation to a provision of Part 5 of the Employment Act (review of matters relating to compensation).\n\n(7) Any liability of the Administration, immediately before commencement, to pay compensation under the old Employment Act in relation to the work‑related accident is transferred to the Commonwealth at commencement.\n\n(1) This item applies to a complaint (the transitional complaint) lodged with a member of the Board before commencement under section 76 of the old Employment Act.\n\n(2) If the Board considers that it will not be able to finish dealing with the complaint before the time when, in accordance with advice from the Department, Part 1 of Schedule 2 to the amending Ordinance is to commence, the Board must give a certificate (a transitional certificate) in relation to the transitional complaint to the person or entity lodging the transitional complaint, and, in the case of a dispute (as mentioned in subsection 77(4) of the old Employment Act), to each party to the dispute.\n\n (b) a statement describing the progress (if any) made by the Board in resolving the transitional complaint, including any preliminary findings by the Board;\n (c) a statement to the effect that, subject to the amended Employment Act and item 402 of this Schedule, the person to whom the certificate is given may apply for internal review under the amended Employment Act in relation to the matter that is the subject of the transitional complaint;\n (d) a statement to the effect that, subject to the amended Employment Act and item 403 of this Schedule, the person to whom the certificate is given may apply to the Tribunal for an inquiry in relation to the matter that is the subject of the transitional complaint.\n\n (a) a person or entity applies (or has applied) to the Secretary under section 82 of the Employment Act for an inquiry by the Tribunal in relation to a complaint lodged with a member of the Board under section 76 of that Act; and\n (b) immediately before commencement, the Tribunal had not made a determination in proceedings in relation to the subject matter of the complaint.\n\n(2) Despite the amendments of the Employment Act made by the amending Ordinance, but subject to this item, the old Employment Act continues to apply after commencement in relation to the convening of the Tribunal and proceedings before the Tribunal.\n\n(3) The Tribunal may make any orders that are reasonably necessary for the conduct of the proceedings in the inquiry, including an order varying or waiving the operation of a provision of the old Employment Act otherwise applying under this item.\n\n(4) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, continues to apply in relation to the Tribunal’s determination in the inquiry.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the commencement time, subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\n(1) After commencement, a person or entity may apply to the Employment Liaison Officer under section 65 of the amended Employment Act for an internal review of:\n\n (a) the subject matter of a complaint lodged with a member of the Board before commencement under section 76 of the old Employment Act, or any related matter; or\n (b) any other matter arising under Part 3 of the old Employment Act before commencement that affects the interests of the person or entity.\n\n(2) If the application relates to the subject matter of a complaint lodged with a member of the Board, the application must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) Despite subsection 65(4) of the amended Employment Act, an application for internal review in relation to a matter arising under Part 3 of the Employment Act before commencement must be made within 30 days after commencement, or within such longer period as is approved by the Employment Liaison Officer.\n\n(4) If the internal review relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the determination of the internal review.\n\n(5) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the determination of the internal review.\n\n(1) After commencement, the matters in relation to which an application may be made to the Secretary for an inquiry under section 82 of the amended Employment Act include matters (transitional matters) arising before commencement under Part 3 of the old Employment Act.\n\n(2) If a transitional matter was the subject of a complaint lodged with the Board under section 76 of the old Employment Act, an application to the Secretary for an inquiry under section 82 of the amended Employment Act must include the certificate given by the Board in relation to the complaint.\n\nNote: The certificate may have been be given under section 77 of the old Employment Act, or under subitem 400(2) of this Schedule (a transitional certificate).\n\n(3) If the inquiry relates to a claim for compensation that was assessed before commencement, or a decision in relation to any other matter arising under Part 3 of the old Employment Act that was made before commencement, Part 3 of the old Employment Act as in force at the time the claim was assessed, or the decision was made, applies in relation to the Tribunal’s determination in the inquiry.\n\n(4) In any other case, Part 3 of the amended Employment Act as in force at the time of the application mentioned in subitem (1), subject to this Division, applies in relation to the Tribunal’s determination in the inquiry.\n\nAn approval by the Minister, for the purposes of a provision of Part 3 of the old Employment Act, that was in force immediately before commencement continues in force (subject to the amended Employment Act) as if it had been made by the Employment Liaison Officer under subsection 47E(3) of the amended Employment Act, for the purposes of the corresponding provision of the amended Employment Act.\n\n(1) A direction given to an inspector by the Employment Liaison Officer before commencement for the purposes of paragraph 39A(2)(e) of the old Employment Act continues in force after commencement, subject to the amended Employment Act, as if the direction had been given to the inspector by the Chief Executive Officer under subsection 57A(2) of the amended Employment Act.\n\n(2) If, immediately before commencement, a complaint had been made to the Employment Liaison Officer, the Minister or an inspector under section 55 of the old Employment Act, but an investigation into the complaint had not started, or had not finished, then after commencement:\n\n (a) the Chief Executive Officer, and any inspector to whom the complaint was referred before commencement, may investigate, or continue to investigate, the complaint as if the complaint had been made or referred to the Chief Executive Officer, or an inspector, under section 55 of the amended Employment Act; and\n\n (a) immediately before commencement, a provision of the old Employment Act provided for regulations to be made prescribing a matter (the transitional matter) under section 108 of the old Employment Act; and\n (b) immediately before commencement, a provision (the transitional regulation) of the Employment Regulations 1991 (Norfolk Island) was in force prescribing the transitional matter; and\n (c) the amending Ordinance amends the old Employment Act to provide for the transitional matter to be prescribed by rules under section 108 of the amended Employment Act; and\n (d) at commencement, no rules had come into force prescribing the transitional matter under section 108 of the amended Employment Act.\n\n(2) Despite the amendments of the old Employment Act, and the repeal of the Employment Regulations 1991 (Norfolk Island), by the amending Ordinance, the transitional regulation continues in force as if it were a rule made under section 108 of the amended Employment Act prescribing the transitional matter.\n\n(3) Subitem (2) stops applying in relation to the prescription of the transitional matter when a rule (or a provision of a rule) under section 108 of the amended Employment Act comes into force after commencement prescribing the transitional matter.\n\nIn this Division, a reference to the amending Ordinance (other than in the definition of commencement in item 397) is taken to include a reference to items 1 and 2 of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021.\n\nThe amendments of the Bankruptcy Act 2006 (Norfolk Island) made by the operation of the amending Rules apply to the following:\n\nThe amendments of the Companies Act 1985 (Norfolk Island) made by the operation of the amending Rules apply to demands that are served on or after the commencement time.\n\nDivision 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020\n\nThe Registrar must refund to the applicant an approved fee paid under paragraph 16A(1)(b) of the Traffic Act 2010 (Norfolk Island) in respect of an application for a provisional licence, made before the commencement of this item, if:\n\n(1) Paragraph (da) of the definition of major driving offence in subsection 3(1) of the Traffic Act 2010 (Norfolk Island), as amended by this Schedule, applies in relation to an offence committed on or after the commencement of this item.\n\n(2) Subsection 3(9) of the Traffic Act 2010 (Norfolk Island), as added by this Schedule, applies in relation to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item.\n\n(3) Paragraph 19(ba) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item.\n\n(5) Section 24A of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to acts or omissions on or after the commencement of this item.\n\n(6) Subject to subitem (10), the amendments of section 32 of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts after the commencement of this item.\n\n(7) Section 44M of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to charges after the commencement of this item.\n\n(8) The following provisions of the Traffic Act 2010 (Norfolk Island), as amended or inserted by this Schedule, apply in relation to offences committed on or after the commencement of this item:\n\n(9) The amendments of subsection 17A(2) of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.\n\n(10) Subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, apply in relation to acts on or after the ute tray riding application day.\n\n(11) Paragraph 32B(1)(aa) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to an exercise of powers by a member of the police force on or after the ute tray riding application day.\n\n(12) Paragraph 44G(2)(b) of the Traffic Act 2010 (Norfolk Island), as inserted by this Schedule, applies in relation to a person in or on a motor vehicle on or after the ute tray riding application day.\n\nThe amendments of Schedule 1 to the Traffic (General) Regulations (Norfolk Island) made by this Schedule apply in relation to offences committed on or after the commencement of this item.\n\n(1) Subsection 42(6) of the Employment Act 1988 (Norfolk Island), as amended by the operation of the Norfolk Island Continued Laws Amendment (Employment) Ordinance 2021, applies in relation to the March quarter ending on 31 March 2021 and later March quarters.\n\n(2) However, if the publication of the index number for the March quarter ending on 31 March 2021 occurs before the day on which this item commences (the commencement day), the reference in that subsection to the day on which the Australian Statistician publishes the index number is taken to be a reference to the commencement day.\n\nDivision 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021\n\n(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.\n\n(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.\n\nSections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.\n\nDespite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.\n\n(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\n(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.\n\n(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\n(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.\n\nThe repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.\n\n(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.\n\n(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.\n\n(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.\n\n(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.\n\n(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.\n\n(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.\n\n(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.\n\n(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.\n\n(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.\n\nSection 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.\n\nThe amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.\n\nAdvisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\n (a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and\n\nBureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.\n\nland registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.\n\nrepeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.\n\n (a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;\n\n (a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;\n\n (a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and\n\n (a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and\n\nAnything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.\n\nIf, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.\n\nAny records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.\n\nthen the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.\n\n(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.\n\n(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.\n\n(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:\n\n(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.\n\n(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.\n\n(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.\n\n(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.\n\n(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.\n\nformer Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.\n\nnew Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.\n\n (a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:\n\n(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.\n\n (a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;\n (b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;\n (c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.\n\n Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.\n\n(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.\n\n(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.\n\nDespite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.\n\n (b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.\n\n(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:\n\n (a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and\n (b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and\n (d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.\n\nOn and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.\n\ncommencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.\n\n(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).\n\n(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).\n\n(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.\n\n(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.\n\n(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).\n\n(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.\n\n(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.\n\nA protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nAn interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\nNote: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.\n\nAn application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.\n\nNote: The application has that effect even if an interim protection order was made before that repeal as a result of the application.\n\nThe following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:\n\n (a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;\n\nDivision 1 of Part 17 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI) applies to a weapon seized under the Domestic Violence Act 1995 (Norfolk Island) before its repeal by this Schedule as if the weapon were a dangerous implement that had been seized under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI):\n\n> Note: Paragraph (b) could apply if the seizure occurred under a direction or order that was made under section 15 of the Domestic Violence Act 1995 (Norfolk Island) and continued in effect by this Part despite the repeal of that Act.\n\n(1) A registered external order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act has effect after that repeal as if it were a registered external protection order for the purposes of Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).\n\n(2) However, paragraph 97(1)(a) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) does not have the effect that the order is a local DVO for the purposes of Part 13B of that Act.\n\n(3) The order ceases to be registered under Part 13 of that Act if the order becomes a recognised DVO in Norfolk Island under Part 13B of that Act. In that case, Part 13B of that Act applies to the order in the same way as it applies to any other recognised DVO that is a non‑local DVO for the purposes of that Part.\n\nNote: Under this item, a registered external order under the Domestic Violence Act 1995 (Norfolk Island) immediately before its repeal will continue to be enforceable in Norfolk Island as provided for by Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI). If the order becomes a recognised DVO for the purposes of Part 13B of that Act (because of section 98ZX of that Act or because of a declaration under section 98ZZB of that Act), the order ceases to be registered under Part 13 of that Act and is enforceable in Norfolk Island under Part 13B of that Act and corresponding laws (of States and other Territories).","sortOrder":13}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":629},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original narrow purpose of technical amendments. It now includes substantial new policy content including: new criminal offences (grooming, procurement for child sex offences), new administrative bodies (Employment Liaison Officer), new planning categories (significant developments), new fee-setting mechanisms, and extensive restructuring of health and community services. The scope has grown from simple 'find and replace' administrative updates to a comprehensive reconfiguration of Norfolk Island's legal framework."},"complexity_factors":["Massive cross-referencing across 50+ separate Acts and Regulations","Nested conditional amendments where one change triggers others","Multiple layers of delegated authority (Commonwealth Minister → Chief Executive Officer → public servants)","Temporal complexity with different provisions applying at different transition times","Extensive use of defined terms that themselves require cross-referencing to other legislation","Complex machinery provisions for converting old administrative structures to new ones","Numerous exceptions and savings clauses to preserve existing rights and decisions","Technical amendments requiring knowledge of both old and new Norfolk Island governance structures"],"plain_english_summary":"This bill updates dozens of Norfolk Island laws to reflect the 2015 shift from local self‑government to Commonwealth oversight. It transfers powers from the abolished Legislative Assembly to the Commonwealth Minister and the new Norfolk Island Regional Council, swaps key offices (e.g. Minister → Chief Executive Officer), modernises references and fees, creates new administrative roles and health/aged care arrangements, and adds offences and protections.\n\nIt affects Norfolk Island residents, businesses, employers, property owners and licensed operators by changing decision‑makers, licensing and compensation processes."}},"importantCases":[],"_links":{"self":"/api/acts/norfolk-island-continued-laws-ordinance-2015","history":"/api/acts/norfolk-island-continued-laws-ordinance-2015/history","analysis":"/api/acts/norfolk-island-continued-laws-ordinance-2015/analysis","conflicts":"/api/acts/norfolk-island-continued-laws-ordinance-2015/conflicts","importantCases":"/api/acts/norfolk-island-continued-laws-ordinance-2015/important-cases","documents":"/api/acts/norfolk-island-continued-laws-ordinance-2015/documents"}}